Table Of ContentSTATE OF NEW YORK 
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL 
 
AGENDA 
 
October 8, 2015 
Immediately following the Special Establishment and Project Review Committee  
(which is scheduled to begin immediately following the Committee on Codes, Regulations 
and Legislation scheduled for 9:30 a.m.) 
 
  90 Church Street 4th Floor, Room 4A & 4B, New York City 
  New York State Department of Health Offices at the Triangle Building, 
335 East Main Street, 1st Floor Video Conference Room, Rochester, NY 14604 
 
I.  INTRODUCTION OF OBSERVERS 
 
Jeffrey Kraut, Chair 
 
II.  APPROVAL OF MINUTES 
 
    Exhibit #1 
  August 6, 2015   
 
III.  REPORT OF DEPARTMENT OF HEALTH ACTIVITIES 
 
A.  Report of the Department of Health 
 
Sally Dreslin, M.S., R.N., Executive Deputy Commissioner of Health  
 
B.  Report of the Office of Primary Care and Health Systems Management Activities  
 
Daniel Sheppard, Deputy Commissioner, Office of Primary Care and Health Systems 
Management  
C.  Report of the Office of Health Insurance Programs Activities 
 
Elizabeth Misa, Medicaid Deputy Director, Office of Health Insurance Programs 
 
D.  Report of the Office of Quality and Patient Safety Activities  
 
Patrick Roohan, Director, Office of Quality and Patient Safety 
 
E.  Report of the Office of Public Health Activities 
 
Sylvia Pirani, M.S.,M.P.H. Director, Office of Public Health Practice 
 
IV.  PUBLIC HEALTH SERVICES 
 
  Report on the Activities of the Committee on Public Health   
 
Jo Ivey Boufford, M.D., Chair of the Public Health Committee 
1
V.  HEALTH POLICY  
 
  Report on the Activities of the Committee on Health Planning      
 
John Rugge, M.D., Chair of the Health Planning Committee 
 
VI.  REGULATION 
 
Report of the Committee on Codes, Regulations and Legislation  Exhibit #2 
 
Angel Gutiérrez, M.D., Chair of the Committee on Codes, Regulations    
and Legislation 
 
  For Emergency Adoption 
 
15-14   Addition of Part 4 to Title 10 NYCRR – (Protection Against Legionella) 
***To be distributed under separate cover*** 
 
15-12  Amendment of Section 9.1 of Title 10 NYCRR  
  (Prohibit Additional Synthetic Cannabinoids) 
 
  For Adoption 
 
13-21  Amendment of Part 405 of Title 10 NYCRR 
  (Hospital Observation Services) 
 
12-02  Amendment of Part 757 of Title 10 NYCRR  
  (Chronic Renal Dialysis Services) 
 
14-13  Amendment of Parts 58 and 34 of Title 10 NYCRR  
  (Patient Access of Laboratory Test Results) 
   
VII.  PROJECT REVIEW RECOMMENDATIONS AND ESTABLISHMENT ACTIONS 
 
Report of the Committee on Establishment and Project Review   
 
Gary Kalkut, M.D., Vice Chair of Establishment and Project Review Committee 
 
A.  APPLICATIONS FOR CONSTRUCTION OF HEALTH CARE FACILITIES  
 
CATEGORY 1:  Applications Recommended for Approval – No Issues or Recusals, 
Abstentions/Interests  
 
CON Applications 
 
Acute Care Services - Construction Exhibit #3 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151204 C  Vassar Brothers Medical Center  Contingent Approval 
(Dutchess County) 
2
Hospice Services - Construction Exhibit #4 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151270 C  Hospice Buffalo Inc  Contingent Approval 
(Erie County) 
 
CATEGORY 2:    Applications Recommended for Approval with the Following: 
 
  PHHPC Member Recusals 
  Without Dissent by HSA 
  Without Dissent by Establishment and Project Review Committee 
 
Acute Care Services - Construction Exhibit #5 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151213 C  Strong Memorial Hospital  Contingent Approval 
(Monroe County) 
Ms. Hines – Recusal 
Mr. Robinson – Recusal  
 
CATEGORY 3:    Applications Recommended for Approval with the Following: 
 
  No PHHPC Member Recusals 
  Establishment and Project Review Committee Dissent, or 
  Contrary Recommendations by HSA 
 
NO APPLICATIONS 
 
CATEGORY 4:  Applications Recommended for Approval with the Following: 
 
  PHHPC  Member Recusals 
  Establishment and Project Review Committee Dissent, or 
  Contrary Recommendation by HSA 
 
NO APPLICATIONS 
 
CATEGORY 5:  Applications Recommended for Disapproval by OHSM or 
Establishment and Project Review Committee - with or without 
Recusals 
 
NO APPLICATIONS 
 
CATEGORY 6:  Applications for Individual Consideration/Discussion 
 
NO APPLICATIONS 
3
B.  APPLICATIONS FOR ESTABLISHMENT AND   
CONSTRUCTION OF HEALTH CARE FACILITIES
 
CATEGORY 1:  Applications Recommended for Approval – No Issues or Recusals, 
Abstentions/Interests  
 
CON Applications 
 
Acute Care Services – Establish/Construct Exhibit #6 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151216 E  Columbia Memorial Hospital  Contingent Approval  
(Columbia County) 
 
Ambulatory Surgery Centers – Establish/Construct Exhibit #7 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151201 E  Crystal Run Ambulatory Surgery  Contingent Approval 
Center of Middletown 
(Orange County) 
 
2.  151246 B  Mid-Bronx Endoscopy Center  Contingent Approval 
(Bronx County) 
 
3.  151288 B  Colonie ASC, LLC d/b/a Specialty  Contingent Approval 
Eye Surgery and Laser Center of 
the Capital Region 
(Albany County) 
 
4.  152036 E  AGCNY East, LLC d/b/a  Contingent Approval 
Endoscopy Center of Central 
New York 
(Onondaga County) 
 
Diagnostic and Treatment Centers – Establish/Construct Exhibit #8 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151250 B  LISH, Inc.  Contingent Approval  
(Suffolk County) 
 
2.  152015 B  Community Health Initiatives, Inc.  Contingent Approval 
(Kings County) 
 
4
Dialysis Services – Establish/Construct Exhibit #9 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151269 B  Schenectady Partners, LLC d/b/a  Contingent Approval  
Rotterdam-Schenectady Dialysis 
Center 
(Schenectady County) 
 
2.  151298 E  Pelham Parkway Dialysis Center  Contingent Approval 
(Bronx County) 
 
3.  151308 B  Brooklyn Gardens Dialysis Center   Contingent Approval 
(Kings County) 
 
4.  152025 E  Mohawk Valley Dialysis Center  Contingent Approval 
(Montgomery County)   
 
Residential Health Care Facility – Establish/Construct Exhibit #10 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151180 E  ECRNC, LLC d/b/a Evergreen  Contingent Approval  
Commons Rehabilitation and 
Nursing Center 
(Rensselaer County) 
 
2.  151196 E  Daleview Care Center  Contingent Approval  
(Nassau County) 
 
CATEGORY 2:    Applications Recommended for Approval with the Following: 
 
  PHHPC Member Recusals 
  Without Dissent by HSA 
  Without Dissent by Establishment and Project Review Committee 
 
CON Applications 
 
Acute Care Services – Establish/Construct Exhibit #11 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  152008 E  NYU Hospitals Center  Contingent Approval  
(Kings County) 
Dr. Kalkut – Recusal 
 
   
5
Ambulatory Surgery Centers – Establish/Construct Exhibit #12 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151008 B  Pittsford Pain Center LLC  Contingent Approval  
(Monroe County) 
Ms. Hines – Recusal 
Mr. Robinson – Recusal 
 
2.  151200 E  South Shore Surgery Center   Contingent Approval 
(Suffolk County) 
Mr. Kraut – Recusal 
 
3.  151226 E  DHCH, LLC d/b/a Digestive  Contingent Approval 
Health Center of Huntington 
(Suffolk County) 
Mr. Kraut - Recusal 
 
4.  151258 E  Suffolk Surgery Center, LLC  Contingent Approval 
(Suffolk County) 
Mr. Kraut - Recusal 
 
Residential Health Care Facilities – Establish/Construct Exhibit #13 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151131 E   Latta Road Nursing Home  Contingent Approval  
West, LLC 
(Monroe County) 
Mr. Robinson – Recusal  
 
2.  151133 E  Latta Road Nursing Home  Contingent Approval  
East, LLC 
(Monroe County) 
Mr. Robinson – Recusal 
 
3.  151134 E  Hamilton Manor Nursing  Contingent Approval  
Home, LLC 
(Monroe County) 
Mr. Robinson – Recusal 
 
Certified Home Health Agency – Establish/Construct Exhibit #14 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151099 E  HCR  Contingent Approval  
(Monroe County) 
Ms. Hines – Interest 
Mr. Robinson – Interest  
6
CATEGORY 3:    Applications Recommended for Approval with the Following: 
 
  No PHHPC Member Recusals 
  Establishment and Project Review Committee Dissent, or 
  Contrary Recommendations by or HSA 
 
NO APPLICATIONS  
 
CATEGORY 4:  Applications Recommended for Approval with the Following: 
 
  PHHPC  Member Recusals 
  Establishment an Project Review Committee Dissent, or 
  Contrary Recommendation by HSA 
 
CON Applications 
 
Ambulatory Surgery Centers – Establish/Construct Exhibit #15 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151186 B  Premier Ambulatory Services  Contingent Approval  
Development Company, LLC 
d/b/a Premier Ambulatory Surgery 
Center 
(Erie County) 
Mr. Holt – Interest 
Dr. Brown – Abstained at EPRC 
 
Residential Health Care Facilities – Establish/Construct Exhibit #16 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
1.  151060 E  Warren Operations  Contingent Approval  
Associates, LLC  
d/b/a Warren Center for 
Rehabilitation and Healthcare 
(Warren County) 
Mr. Fassler – Recusal 
Dr. Rugge – Interest 
Dr. Berliner – Abstained at EPRC 
 
CATEGORY 5:  Applications Recommended for Disapproval by OHSM or 
Establishment and Project Review Committee - with or without 
Recusals 
 
NO APPLICATIONS 
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CATEGORY 6:  Applications for Individual Consideration/Discussion 
 
HOME HEALTH AGENCY LICENSURES Exhibit #17 
 
  Number  Applicant/Facility  E.P.R.C. Recommendation 
 
  1909 L  MedPro Homecare Agency, Inc.  To be presented at the Special 
(Queens, New York, Kings,  Establishment/Project Review 
Richmond, Bronx, and Nassau  Committee on 10/8/15 
Counties)  No Recommendation 
   
  2042 L  Touch of Love Homecare Agency  To be presented at the Special 
Inc.  Establishment/Project Review 
(Bronx, Richmond, Kings, New  Committee on 10/8/15 
York, Queens, and Nassau  No Recommendation 
Counties) 
 
  2059 L  Victory Home Care Services, Inc.  To be presented at the Special 
(Suffolk and Nassau Counties)  Establishment/Project Review 
  Committee on 10/8/15 
No Recommendation 
  2133 L  Theresa Home Care, Inc.  To be presented at the Special 
(New York, Kings, Bronx,  Establishment/Project Review 
Queens, Richmond, and Nassau  Committee on 10/8/15 
Counties)  No Recommendation 
 
  2184 L  Kirenaga Home Care Brooklyn,  To be presented at the Special 
Inc.  Establishment/Project Review 
(New York, Bronx, Kings,  Committee on 10/8/15 
Richmond, Queens and Nassau  No Recommendation 
Counties) 
 
  2186 L  Kirenaga Home Care Queens, Inc.   To be presented at the Special 
(New York, Bronx, Kings,  Establishment/Project Review 
Richmond, Queens, and Nassau  Committee on 10/8/15 
Counties)  No Recommendation 
 
  2193 L  Imo’s Nursing Agency, Inc.  To be presented at the Special 
(Queens, New York, Kings,  Establishment/Project Review 
Richmond, and Bronx Counties)  Committee on 10/8/15 
  No Recommendation 
   
8
2260 L  ABR Homecare of NY, Inc.  To be presented at the Special 
(Suffolk and Nassau Counties)  Establishment/Project Review 
  Committee on 10/8/15 
No Recommendation 
 
  2293 L  Loyal Home Care, Inc.  To be presented at the Special 
(Kings, Bronx, Queens, Richmond  Establishment/Project Review 
and New York Counties)  Committee on 10/8/15 
  No Recommendation 
 
  2362 L  HT&T Corporation d/b/a HT&T  To be presented at the Special 
Home Care  Establishment/Project Review 
(Queens, Kings, Brooklyn,  Committee on 10/8/15 
Richmond, New York and Nassau  No Recommendation 
Counties) 
 
  2381 L  Sundance Home Care, Inc.   To be presented at the Special 
(Kings, Queens, New York,  Establishment/Project Review 
Bronx, Richmond, and Nassau  Committee on 10/8/15 
Counties)  No Recommendation 
  
  2405 L  Queens Home Care, Inc.   To be presented at the Special 
d/b/a Home Instead Senior Care  Establishment/Project Review 
Franchise #765  Committee on 10/8/15 
(Queens, New York, Bronx,  No Recommendation 
Richmond, Kings and Nassau 
Counties) 
 
  2414 L  Collins Anyanwu-Mueller   To be presented at the Special 
d/b/a Angelic Touching Home  Establishment/Project Review 
Health Care Agency  Committee on 10/8/15 
(Westchester and Rockland  No Recommendation 
Counties) 
 
  2437 L  Artful Home Care, Inc.  To be presented at the Special 
(Suffolk and Nassau Counties)  Establishment/Project Review 
  Committee on 10/8/15 
No Recommendation 
  2452 L  Companion Angels Home Care  To be presented at the Special 
Solutions, LLC  Establishment/Project Review 
(New York, Queens, Bronx,  Committee on 10/8/15 
Richmond, and Kings Counties)  No Recommendation 
 
   
9
2459 L  Family First Home Companions of  To be presented at the Special 
New York, Inc.  Establishment/Project Review 
(Suffolk, Nassau, and Queens  Committee on 10/8/15 
Counties)  No Recommendation 
 
  2467 L  1st Home Care of NY Corp.  To be presented at the Special 
(Queens, New York, Bronx,  Establishment/Project Review 
Richmond, Kings and Nassau  Committee on 10/8/15 
Counties)  No Recommendation 
 
  2469 L  Zenith Home Care of NY, LLC  To be presented at the Special 
(Westchester, Putnam, and Bronx  Establishment/Project Review 
Counties)  Committee on 10/8/15 
  No Recommendation 
  2474 L  Acute Care Experts of New York,  To be presented at the Special 
Inc.  Establishment/Project Review 
(Nassau, Rockland, Suffolk,  Committee on 10/8/15 
Sullivan, Dutchess, Ulster,  No Recommendation 
Orange, Westchester, and Putnam 
Counties) 
 
  2475 L  SR Miracle Care Agency, Inc.  To be presented at the Special 
(Bronx, Queens, New York,  Establishment/Project Review 
Richmond, Kings, and  Committee on 10/8/15 
Westchester Counties)  No Recommendation 
 
  2485 L  Qualycare Home Care  To be presented at the Special 
(Bronx, New York, and Queens  Establishment/Project Review 
Counties)  Committee on 10/8/15 
  No Recommendation 
  2490 L  ZaQia Chaplin, LLC   To be presented at the Special 
d/b/a Trusting Hands Homecare  Establishment/Project Review 
Agency  Committee on 10/8/15 
(Nassau, Suffolk, and Queens  No Recommendation 
Counties) 
 
  2492 L  Trivium of New York, LLC  To be presented at the Special 
Queens, Bronx, Kings, Richmond,  Establishment/Project Review 
New York and Nassau Counties)  Committee on 10/8/15 
  No Recommendation 
  2493 L  Brookside Home Care Inc.  To be presented at the Special 
(Nassau, Suffolk and Queens  Establishment/Project Review 
Counties)  Committee on 10/8/15 
  No Recommendation 
10
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