§ 3608. Certification of home care services agencies. 1. The
commissioner shall issue a certificate of approval 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 applying
therefor which complies with the provision of this article and the rules
and regulations promulgated pursuant thereto, in accordance with the
standards and procedures adopted by the state hospital review and
planning council.

2. A certified home health agency certificate of approval may be
revoked, suspended, limited or annulled by the commissioner on proof
that the certified home health agency has failed to comply with the
provisions of this article or rules and regulations promulgated
thereunder.

3. No certified home health agency certificate of approval shall be
revoked, suspended, limited or annulled without a hearing. However, a
certificate may be temporarily suspended or limited without a hearing
for a period not in excess of thirty days upon written notice to the
certified home health agency following a finding by the department that
the public health or safety is in imminent danger.

4. 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 certified home health agency at least twenty-one days before
the date fixed for the hearing. The certified home health agency shall
file with the department not less than eight days prior to the hearing,
a written answer to the charges.

5. 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 subdivisions three through
five of this section, the commissioner shall suspend, limit or revoke a
certified home health agency certificate of approval after taking into
consideration the public need for the agency and the availability of
other services which may serve as alternatives or substitutes, and after
finding that suspending, limiting, or revoking the certificate of
approval of such agency 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
certified home health agency, the commissioner shall cause to be
published, in a newspaper of general circulation in the geographic area
of the agency, 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 certified home
health agency, cause such agency and the appropriate health systems
agency to be notified of the finding at least thirty days in advance of
taking the proposed action to revoke, suspend or limit such agency's
certificate of approval. 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 certified home health agency or the
appropriate health sytems agency may request a public hearing to be held
in the county in which the agency 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.