N.Y. Public Health Law Section 3605-A
Proceedings involving the license of a home care services agency

1.

A license of a home care services agency may be revoked, suspended, limited or annulled by the commissioner on proof that it has failed to comply with the provisions of this article or rules and regulations promulgated thereunder.

2.

No such license shall be revoked, suspended, limited, annulled or denied without a hearing. However, a license may be temporarily suspended or limited without a hearing for a period not in excess of thirty days upon written notice to the agency following a finding by the department that the public health or safety is in imminent danger. Notwithstanding the provisions of this section, no licensed home care services agency shall be permitted to operate unless it has registered with the department pursuant to § 3605-B (Registration of licensed home care services agencies)section thirty-six hundred five-b of this article.

3.

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

4.

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 or agency.

Source: Section 3605-A — Proceedings involving the license of a home care services agency, https://www.­nysenate.­gov/legislation/laws/PBH/3605-A (updated Apr. 20, 2018; accessed Apr. 27, 2024).

3600
Declaration of legislative findings and intent 3602
Definitions 3605
Licensure of home care services agencies 3605‑A
Proceedings involving the license of a home care services agency 3605‑B
Registration of licensed home care services agencies 3605‑C
Authorization to enroll and provide medical assistance 3606
Establishment of certified home health agencies 3606‑A
Certified home health agency construction 3607
Grants for expansion of services 3608
Certification of home care services agencies 3609
Grants for planning an establishment of new certified home health agencies 3610
Authorization to provide a long term home health care program 3611
Operation of home care services agency 3611‑A
Change in the operator or owner 3612
Powers and duties of commissioner and state hospital review and planning council 3613
Home care services workers 3614
Payments for certified home health agency services, long term home health care programs and AIDS home care programs 3614‑A
Home care provider assessments 3614‑B
Licensed home care services agencies assessments 3614‑C
Home care worker wage parity 3614‑D
Universal standards for coding of payment for medical assistance claims for long term care 3614‑E
Electronic payment of claims 3614‑F
Home care minimum wage increase 3615
State aid to certified home health agencies 3616
Provision of certified home health agency services, long term home health care programs and AIDS home care programs 3616‑A
Quality assurance 3617
Respite projects 3618
Continuation of existing home health agencies 3619
Exempt agencies 3620
Authorization to provide an AIDS home care program 3621
Payment of claims 3622
Separability
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Apr. 20, 2018

§ 3605-A’s source at nysenate​.gov

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