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:
Terms Used In N.Y. Public Health Law 3611
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Home care services: means one or more of the following services provided to persons at home: (a) those services provided by a home care services agency; (b) home health aide services; (c) personal care services; (d) homemaker services; (e) housekeeper or chore services. See N.Y. Public Health Law 3602
- Home care services agency: means an organization primarily engaged in arranging and/or providing directly or through contract arrangement one or more of the following: Nursing services, home health aide services, and other therapeutic and related services which may include, but shall not be limited to, physical, speech and occupational therapy, nutritional services, medical social services, personal care services, homemaker services, and housekeeper or chore services, which may be of a preventive, therapeutic, rehabilitative, health guidance, and/or supportive nature to persons at home. See N.Y. Public Health Law 3602
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Service of process: The service of writs or summonses to the appropriate party.
(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 § 305 of the business corporation law or § 302 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.