§ 3606-a. Certified home health agency construction. 1. The
construction of a certified home health agency shall require the prior
approval of the commissioner.

2. An application for such construction shall be filed with the
department, together with such other forms and information as shall be
prescribed by, or acceptable to, the department. Thereafter the
department shall forward a copy of the application and accompanying
documents to the public health and health planning council and the
health systems agency, if any, having geographical jurisdiction of the
area where the agency is located.

3. The commissioner shall not act upon an application for construction
unless (a) the applicant has obtained all approvals and consents
required by law for its incorporation or establishment (including the
approval of the public health and health planning council pursuant to
the provisions of this article) and until the public health and health
planning council and the health systems agency, if any, concerned have
had a reasonable time to submit their recommendations; and (b) the
commissioner is satisfied as to the public need for the construction, at
the time and place and under the circumstances proposed.

4. Subject to the provisions of paragraph (b) of subdivision three of
this section, the commissioner in approving the construction shall take
into consideration and be empowered to request information and advice as
to (a) the availability of facilities or services which currently serve
as alternatives or substitutes for the whole or any part of the proposed
construction;

(b) the need for program changes in view of existing utilization at
the time and place and under the circumstances proposed; and

(c) the adequacy of financial resources and sources of future revenue.

5. In determining whether there is a public need for the proposed
construction pursuant to subdivisions three and four of this section,
the commissioner shall consider the advice of the state health planning
and development agency designated pursuant to the provisions of the
national health planning and resources development act of nineteen
hundred seventy-four and any amendments thereto.

6. No government agency shall construct any certified home health
agency without securing the written approval of the commissioner in
accordance with the applicable requirements and procedures of the
preceding subdivisions.

7. If the commissioner proposes to disapprove an application for
construction of a certified home health agency, he shall afford the
applicant an opportunity to request a public hearing. The commissioner
shall not take any action contrary to the advice of the health systems
agency until he affords an opportunity to the agency to request a public
hearing and, if so requested, a public hearing shall be held.

8. The commissioner, on his own motion, may hold a public hearing on
an application for construction of a certified home health agency.

9. (a) The commissioner shall charge to applicants for construction of
certified home health agencies an application fee of two thousand
dollars. Each such applicant shall, at such time as the commissioner's
written approval of the construction is granted, pay an additional fee
of thirty hundredths of one percent of the total capital value of the
application.

(b) The fees and charges paid by an applicant pursuant to this
subdivision for any application approved in accordance with this section
shall be deemed allowable costs in the determination of reimbursement
rates established pursuant to this article. All fees pursuant to this
section shall be payable to the department of health for deposit into
the special revenue funds - other, miscellaneous special revenue fund -
339, certificate of need account.