N.Y. Public Health Law Section 3611
Operation of home care services agency


1.

Any home care services agency which seeks licensure pursuant to § 3605 (Licensure of home care services agencies)section three thousand six hundred five of this chapter or a certificate of approval pursuant to § 3606 (Establishment of certified home health agencies)section three thousand six hundred six of this chapter and which would be operated by a person, partnership, limited liability company, or a corporation any of the members of which are not natural persons or which would be operated by a corporation any of the stock of which is owned by another corporation shall:

(a)

establish a corporation or limited liability company within the state;

(b)

submit to a character and competence review of any stockholder or member holding ten percent or more of the stock in said corporation or limited liability company, as well as of any parent or health related subsidiary corporation;

(c)

grant authority to the New York state corporation or limited liability company to have full legal authority over the operation of the home health services agency;

(d)

disclosure of information relative to stockholders or members as may be required by the commissioner to determine character and competence; and

(e)

designate an agent for service of process pursuant to Business Corporation Law § 305 (Registered agent for service of process)section three hundred five of the business corporation law or Limited Liability Company Law § 302 (Registered agent for service of process)section three hundred two of the limited liability company law, as the case may be.

2.

The public health and health planning council shall not act upon an application for licensure or a certificate of approval for any agency referred to in subdivision one of this section unless it is satisfied as to the character, competence and standing in the community of the proposed incorporators, directors, sponsors, controlling persons, principal stockholders of the parent corporation, health related subsidiary corporation and the New York state corporation established pursuant to paragraph (a) of subdivision one of this section. For the purposes of this section the public health and health planning council may adopt rules and regulations relative to what constitutes parent and subsidiary corporations.

Source: Section 3611 — Operation of home care services agency, https://www.­nysenate.­gov/legislation/laws/PBH/3611 (updated Sep. 22, 2014; accessed Jul. 6, 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

Accessed:
Jul. 6, 2024

Last modified:
Sep. 22, 2014

§ 3611’s source at nysenate​.gov

Link Style