New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 760 - Certified Home Health Agency Establishment › Section 760.3 - Requirements for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 application must be complete and in proper form. It shall provide all the
					 information essential for the Public Health Council's consideration.
(b) The applicant must satisfactorily
					 demonstrate to the council:
(1) that there is
					 a public need for the certified home health agency;
(2) that there are adequate finances and
					 sources of future revenue to properly establish and operate the certified home
					 health agency;
(3)
(i) if a not-for-profit corporation, that the
					 controlling persons and sponsors, if any, the members of the board of directors
					 and officers of the corporation are of such character, experience, competence
					 and standing in the community as to give reasonable assurance of their ability
					 to conduct the affairs of the corporation in the best interests of the agency
					 and in the public interest and to provide proper care for those to be served by
					 the certified home health agency;
(ii) if a proprietary business, that the
					 owner, or all the partners of a partnership, are persons of such character,
					 experience, competence and standing in the community as to give reasonable
					 assurance of their ability to conduct the affairs of the business in the best
					 interests of the agency and in the public interest and to provide proper care
					 for those to be served by the certified home health agency;
(iii) if a business corporation, that the
					 controlling persons and sponsors, if any, the members of the board of
					 directors, the officers and the principal stockholders of the corporation or,
					 in the case of an application solely for a change in the principal
					 stockholder(s), that the proposed new principal stockholder(s) of the
					 corporation are of such character, experience, competence and standing in the
					 community as to give reasonable assurance of their ability to conduct the
					 affairs of the corporation in the best interests of the agency and in the
					 public interest and to provide proper care for those to be served by the
					 certified home health agency;
(iv)
					 with respect to any parent corporation or health-related subsidiary
					 corporation, that the directors, sponsors, controlling persons and principal
					 stockholders of any such corporation, insofar as applicable, are of such
					 character, competence and standing in the community as to give reasonable
					 assurance that, to the extent they have or will have the ability through
					 control or influence to direct or cause the direction of the actions,
					 management or policies of the applicant, such control or influence will be
					 exercised in the best interest of the applicant and in the public interest in
					 order to ensure the provision of proper care for those to be served by the
					 certified home health agency;
(v)
					 with respect to an application solely for the acquisition of control of an
					 operator of a certified home health agency by a controlling person or a change
					 of a controlling person, that such new controlling person, insofar as
					 applicable, is of such character, competence and standing in the community as
					 to give reasonable assurance that, to the extent it has or will have the
					 ability to direct or cause the direction of the actions, management or policies
					 of the applicant, such control or influence will be exercised in the best
					 interest of the applicant and in the public interest in order to ensure the
					 provision of proper care for those to be served by the certified home health
					 agency;
(vi) if a public or
					 government agency, that the governing authority of the governmental subdivision
					 applying to operate the agency has provided reasonable assurance of its ability
					 to conduct the affairs of the agency in the best interest of the agency and in
					 the public interest and to provide proper care for those to be served by the
					 certified home health agency.