2023 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.