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

§ 3611. Operation of home care services agency. 1. Any home care

services agency which seeks licensure pursuant to section three thousand

six hundred five of this chapter or a certificate of approval pursuant

to 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 section

three hundred five of the business corporation law or 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.