Part 761 - Certified Home Health Agency, Long Term Home Health Care Program and AIDS Home Care Program Certification and Authorization

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, sections 3612(5)

Section 761.1 - Applicability

Section 761.1 Applicability.

(a) This Part shall apply to certified home health agencies, long term home health care programs and AIDS home care programs, hereafter also referred to in this Part as the agency.

(b) Certified home health agencies must be established by the Public Health Council and possess a certificate of approval issued by the Commissioner, hereafter referred to in this Part as an operating certificate.

(c) Long term home health care programs must be approved by the Commissioner and possess a certificate of authorization issued by the Commissioner, hereinafter referred to as an operating certificate. If a long term home health care program is authorized by the Commissioner to provide an AIDS home care program, the long term home health care program operating certificate shall state such authorization.

(d) An AIDS home care program provided by an AIDS Center Hospital shall be approved by the Commissioner and shall possess a certificate of authorization issued by the Commissioner, hereafter referred to as an operating certificate.
 

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete

Section 761.2 - Operating certificates

761.2 Operating certificates.

(a) The Commissioner shall issue an operating certificate to any home care services agency qualified to participate as a home health agency under titles XVIII and XIX of the Federal Social Security Act and which agrees to participate in such programs, applying therefore, and which complies with the provisions of Article 36 of the Public Health Law and the applicable provisions of this Title. No home care services agency shall hold itself out to be a certified home health agency, long term home health care program, or AIDS home care program unless it possesses such valid operating certificate.

(b) The operating certificate shall be posted conspicuously at the principal administrative office of the agency and shall state the health care services the agency is approved to provide; the geographic service area; and for long term home health care programs, a designated patient capacity and whether the long term home health care program is authorized to provide an AIDS home care program.

(c) An operating certificate may be revoked, suspended, limited or annulled by the Commissioner according to the provisions of Article 36 of the Public Health Law on proof that the agency has failed to comply with the provisions of the statute or the rules and regulations promulgated for the establishment, approval and/or operation of such agencies.
 

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete

Section 761.3 - Action required upon surrender or loss of an operating certificate

761.3 Action required upon surrender or loss of an operating certificate. An agency shall notify each patient concerned, the patient's family and the patient's physician, at least 30 days prior to the voluntary surrender of the operating certificate or as directed in an order of revocation, suspension, limitation or annulment issued by the Commissioner.
 

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete

Section 761.4 - Notice and approval required to discontinue operation

761.4 Notice and approval required to discontinue operation.

(a) No agency shall discontinue operation or surrender its operating certificate unless at least 90 days' written notice of its intention to do so and a plan for the continuation of care for each of the patients on its roster are given to the Commissioner and prior written approval is obtained. The Commissioner shall not approve an agency to discontinue operation unless he is satisfied as to the adequacy of the plan for the continuation of the care of patients and the agency has complied with the requirements of subdivision (c) of this section concerning clinical records.

(b) An operating certificate shall be surrendered promptly to the department when revoked, suspended, limited or annulled by the Commissioner, or when the agency terminates service.

(c) In the event that an agency discontinues operation for any reason, the governing authority, immediately preceding the discontinuance of the operation of the agency, shall make effective arrangements to maintain, store, assure access to and make available upon request, all clinical records for a period of not less than six years after discharge from the agency or program and, in the case of a minor, six years after discharge from the agency or program or three years beyond majority, whichever period is longer. The governing authority shall notify the department in writing as to the arrangements made for the clinical records and the address where such records will be stored and made available.
 

Effective Date: 
Wednesday, March 23, 1994
Doc Status: 
Complete