NY Pub Health L § 3611-A (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3611-A - Change in the Operator or Owner.

§  3611-a.  Change  in  the  operator or owner.   1. Any change in the person who, or any transfer, assignment,  or  other  disposition  of  an interest  or  voting  rights  of  ten  percent or more, or any transfer, assignment or other  disposition  which  results  in  the  ownership  or control  of  an  interest  or voting rights of ten percent or more, in a limited liability company or a partnership which is the  operator  of  a licensed  home  care  services  agency or a certified home health agency shall be approved by the public health and health planning  council,  in accordance with the provisions of subdivision four of section thirty-six hundred five of this article relative to licensure or subdivision two of section  thirty-six  hundred six of this article relative to certificate of approval, except that:  (a) Public health  and  health  planning  council  approval  shall  be required  only with respect to the person, or the member or partner that is acquiring the interest or voting rights; and  (b) With respect to certified home health agencies, such change  shall not  be subject to the public need assessment described in paragraph (a) of subdivision two of section thirty-six hundred six of this article.  (c) No prior approval of the public health and health planning council shall be required with respect to a transfer, assignment or  disposition of:  (i)  an interest or voting rights to any person previously approved by the public health and health planning council, or its  predecessor,  for that operator; or  (ii)  an  interest  or  voting  rights of less than ten percent in the operator. However, no such transaction  shall  be  effective  unless  at least  ninety  days  prior  to  the intended effective date thereof, the partner or member completes and files with the public health and  health planning  council  notice  on forms to be developed by the public health council, which shall disclose such  information  as  may  reasonably  be necessary for the public health and health planning council to determine whether it should bar the transaction. Such transaction will be final as of  the intended effective date unless, prior thereto, the public health and health planning council shall state  specific  reasons  for  barring such  transactions  under  this paragraph and shall notify each party to the proposed transaction.   2. Any transfer, assignment or other disposition  of  ten  percent  or more  of the stock or voting rights thereunder of a corporation which is the operator of a licensed home care services agency or a certified home health agency, or any transfer, assignment or other disposition  of  the stock or voting rights thereunder of such a corporation which results in the ownership or control of more than ten percent of the stock or voting rights  thereunder of such corporation by any person shall be subject to approval by the public health and health planning council in  accordance with  the  provisions  of subdivision four of section thirty-six hundred five of this article relative to licensure or subdivision two of section thirty-six hundred six  of  this  article  relative  to  certificate  of approval, except that:  (a)  Public  health  and  health  planning  council  approval shall be required only with respect to the person or entity acquiring such  stock or voting rights; and  (b)  With respect to certified home health agencies, such change shall not be subject to the public need assessment described in paragraph  (a) of subdivision two of section thirty-six hundred six of this article. In the  absence  of  such  approval, the license or certificate of approval shall be subject to revocation or suspension.  (c) No prior approval of the public health and health planning council shall be required with respect to a transfer, assignment or  disposition  of an interest or voting rights to any person previously approved by the public  health and health planning council, or its predecessor, for that operator. However, no such transaction  shall  be  effective  unless  at least  one  hundred  twenty  days  prior  to the intended effective date thereof, the partner or member  completes  and  files  with  the  public health  and  health  planning council notice on forms to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for  the  public  health  and health   planning  council  to  determine  whether  it  should  bar  the transaction. Such transaction will be final as of the intended effective date unless, prior  thereto,  the  public  health  and  health  planning council shall state specific reasons for barring such transactions under this paragraph and shall notify each party to the proposed transaction.   3.  (a)  The  commissioner  shall charge to applicants for a change in operator or owner of a licensed home care services agency or a certified home health agency an application fee in  the  amount  of  two  thousand dollars.  (b)  The  fees paid by certified home health agencies pursuant to this subdivision for any application approved in accordance with this section shall be deemed allowable costs in the  determination  of  reimbursement rates  established  pursuant  to this article. All fees pursuant to this section shall be payable to the department of health  for  deposit  into the  special revenue funds - other, miscellaneous special revenue fund - 339, certificate of need account.