N.Y. Comp. Codes R. & Regs. tit. 10, § 768.3 – Review of applications.

(a) The commissioner's review of applications for respite demonstration projects submitted to the State Department of Social Services pursuant to section 131-p of the Social Services Law in regard to any certified home health agency participant shall include, but not be limited to, a review of the following with respect to such participant:
1. (1) findings of the department from inspections performed pursuant to subdivision 1, section 3612 of article 36 of the Public Health Law to determine the adequacy of care rendered patients; and
2. (2) findings of the department from inspections performed to determine conformance with applicable Federal statutes and regulations for certification of the agency for provider agreements issued pursuant to title XVIII and/or title XIX of the Social Security Act.
(b) The commissioner shall notify the State Department of Social Services of the results of the review of applications as described in subdivision (a) of this section.
(c) Written approval by the State Department of Social Services of an application for a respite demonstration project submitted pursuant to section 131-p of the Social Services Law shall constitute authorization for such project.