N.Y. Comp. Codes R. & Regs. tit. 10, § 762.1 – Long term home health care program and AIDS home care program approval.

(a) A long term home health care program may be provided by a certified home health agency or by a residential health care facility or hospital possessing a valid operating certificate issued under article 28 of the Public Health Law.
(b) An AIDS home care program may be provided by a long term home health care program or an AIDS center as defined in Part 405 of this Title specifically authorized pursuant to article 36 of the Public Health Law to provide an AIDS home care program.
(c) An AIDS home care program provided by an AIDS center shall mean a long term home health care program which is authorized only to provide an AIDS home care program and which shall comply with the standards of organization and administration for a long term home health care program set forth in Part 763 of this Chapter.
(d) No agency or facility shall provide a long term home health care program or an AIDS home care program as defined in Part 700 of this Chapter without a written authorization of the commissioner to provide such a program, in accordance with the provisions of article 36 of the Public Health Law.
(e) A long term home health care program that does not obtain authorization to provide an AIDS home care program shall not be precluded from providing services within its existing authority to patients who are diagnosed as having AIDS, or are deemed by a physician, within his or her judgment, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who have an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection.
(f) A hospital, residential health care facility, or certified home health agency seeking authorization to provide a long term home health care program shall transmit to the commissioner an application setting forth the scope of the proposed program. Such application shall be on forms provided by the commissioner.
1. (1) The commissioner shall transmit the application to the State Hospital Review and Planning Council and to the health systems agency having geographic jurisdiction of the area where the proposed program is to be located.
2. (2) The State Hospital Review and Planning Council and health systems agency shall have an opportunity to recommend approval or disapproval of the application by the commissioner.
(g) A long term home health care program or AIDS center seeking approval of an AIDS home care program shall transmit to the commissioner an application setting forth the scope of the proposed program. Such application shall be on forms provided by the commissioner.
(h) The commissioner's written approval of the application shall constitute authorization to provide a long term home health care program or AIDS home care program. In making his authorization, the commissioner shall specify the maximum number of persons which a provider of a long term home health care program may serve. Such number shall not include persons who are receiving services from an AIDS home care program. If the commissioner proposes to disapprove the application, he shall notify the applicant in writing, stating the reasons for disapproval, and afford the applicant an opportunity for a public hearing.