§ 3620. Authorization to provide an AIDS home care program. 1. An
AIDS home care program may be provided only by a provider of a long term
home health care program possessing a valid operating certificate issued
under this article or an AIDS center as defined in accordance with
regulations promulgated by the commissioner.

2. No agency or facility shall provide an AIDS home care program
without the written authorization of the commissioner to provide such a
program.

3. A provider of a long term home health care program or AIDS center
seeking authorization to provide an AIDS home care program shall
transmit to the commissioner an application setting forth the scope of
the proposed program. Such application shall be submitted in a format
and quantity determined by the commissioner. The application shall
include a detailed description of the proposed program including, but
not limited to, the following:

(a) an outline of the applicant's plans for the AIDS home care
program;

(b) the need for the proposed program;

(c) the number and types of personnel to be employed;

(d) the ability of the applicant to provide the AIDS home care
program;

(e) the estimated number of visits to be provided;

(f) the geographic area in which the proposed programs will be
provided;

(g) any special or unusual services, programs, or equipment to be
provided;

(h) a demonstration that the proposed program is feasible and adequate
in terms of both short range and long range goals;

(i) such other information as the commissioner may require.

The commissioner shall not approve the application unless he is
satisfied as to:

(a) the public need for the program at the time and place and under
the circumstances proposed;

(b) the financial resources of the provider of the proposed program
and its sources of future revenues;

(c) the ability of the proposed program to meet those standards
established for participation as a home health agency under title XVIII
of the federal Social Security Act;

(d) the ability of the proposed program to meet the needs of AIDS
patients; and

(e) such other matters as he shall deem pertinent.

If the application is approved, the applicant shall be so notified in
writing. The commissioner's written approval of the application shall
constitute authorization to provide an AIDS home care program. If the
commissioner proposes to disapprove the application, he shall notify the
applicant in writing, stating his reasons for disapproval, and afford
the applicant an opportunity for a public hearing.

4. Authorization to provide an AIDS home care program may be revoked,
suspended, limited or annulled by the commissioner on proof that a
provider of an AIDS home care program has failed to comply with the
provisions of this article or rules and regulations promulgated
thereunder.

5. (a) Such authorization shall not be revoked, suspended, limited or
annulled without a hearing. However, such authorization may be
temporarily suspended or limited without a hearing for a period not in
excess of thirty days upon written notice to the provider of an AIDS
home care program following a finding by the department that the public
health or safety is in imminent danger.

(b) The commissioner shall fix a time and place for the hearing. A
copy of the charges, together with the notice of the time and place of
the hearing, shall be served in person or mailed by registered or
certified mail to the provider of an AIDS home care program at least
twenty-one days before the date fixed for the hearing. Such provider
shall file with the department not less than eight days prior to the
hearing, a written answer to the charges.

(c) All orders or determinations hereunder shall be subject to review
as provided in article seventy-eight of the civil practice law and
rules. Application for such review must be made within sixty days after
service in person or by registered or certified mail of a copy of the
order or determination upon the applicant.

6. (a) Notwithstanding the provisions of subdivision five of this
section, the commissioner shall suspend, limit or revoke the
authorization of a provider of an AIDS home care program after taking
into consideration the public need for the program and the availability
of other services which may serve as alternatives or substitutes, and
after finding that suspending, limiting, or revoking the authorization
of such provider would be within the public interest in order to
conserve health resources by restricting the level of services to those
which are actually needed.

(b) Whenever any finding as described in paragraph (a) of this
subdivision is under consideration with respect to any particular
provider of an AIDS home care program, the commissioner shall cause to
be published, in a newspaper of general circulation in the geographic
area of such provider, at least thirty days prior to making such a
finding an announcement that such a finding is under consideration and
an address to which interested persons can write to make their views
known. The commissioner shall take all public comments into
consideration in making such a finding.

(c) The commissioner shall, upon making any finding described in
paragraph (a) of this subdivision with respect to any provider of an
AIDS home care program cause such provider and the appropriate health
systems agency to be notified of the finding at least thirty days in
advance of taking the proposed action. Upon receipt of any such
notification and before the expiration of the thirty days or such longer
period as may be specified in the notice, the provider or the
appropriate health systems agency may request a public hearing to be
held in the county in which the provider is located. In no event shall
the revocation, suspension or limitation take effect prior to the
thirtieth day after the date of the notice, or prior to the effective
date specified in the notice or prior to the date of the hearing
decision, whichever is later.

(d) Except as otherwise provided by law, all appeals from a finding of
the commissioner made pursuant to paragraph (a) of this subdivision
shall be directly to the appellate division of the supreme court in the
third department. Except as otherwise expressly provided by law, such
appeals shall have preference over all issues in all courts.