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 760.2 - Applications for establishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application to the Public Health Council for its approval, as required by law,
					 shall be in writing on application forms provided by the department and
					 subscribed by the chief executive officer duly authorized by the board of a
					 corporate applicant, a general partner or proprietor of the proposed certified
					 home health agency, or, where an application is to be submitted by a
					 governmental subdivision as the applicant, the president or chairman of the
					 board of the proposed agency of the chief executive officer if there is no
					 board and accompanied by a certified copy of a resolution of the board of a
					 corporate applicant authorizing the undertaking which is the subject of the
					 application, and the subscribing and submission thereof by an appropriate
					 designated individual. In the event that an application is to be submitted by
					 an entity which necessarily remains to be legally incorporated, it shall be
					 subscribed and submitted by one of the proposed principal stockholders or
					 directors. If a local government applicant submitting an application has not
					 designated a president, chairman or chief executive officer for the proposed
					 agency, the application shall be subscribed by the chairman or president of the
					 local legislature or board of supervisors having jurisdiction, or other
					 appropriate executive officer. An original application and eight copies thereof
					 shall be prepared and filed with the Public Health Council through the Project
					 Management Unit in the department's central office in Albany which shall
					 transmit one copy to the health systems agency having jurisdiction.
(b) Applications to the council shall contain
					 information and data as applicable with reference to:
(1) the public need for the existence of the
					 certified home health agency or proposed agency at the time and place and under
					 the circumstances proposed;
(2) the
					 character, experience, competence and standing in the community of the proposed
					 persons, incorporators, directors, controlling persons, officers, principal
					 stockholders, sponsors, or partners of the applicant or of any parent or
					 health-related subsidiary corporation, as applicable. The application shall
					 include copies of personal qualifying, financial and disclosure information, as
					 appropriate, as may be required by the council with regard to any such
					 individual or organization;
(i) the applicant
					 shall be responsible for providing information necessary for the determination
					 by the council of character, competence and standing in the community where
					 information adequate to make such determination is not available to the council
					 or the commissioner in the records of the department;
(ii) disclosure information shall include,
					 but not be limited to, a list of health care, adult care, or mental health
					 facilities, programs or agencies controlled or operated in the United States by
					 an individual or organization specified in this paragraph; the name and address
					 of each such facility, program or agency; and the dates of control or operation
					 of each such facility, program or agency;
(iii) in the event that any such health care,
					 adult care, or mental health facility, program or agency while under the
					 control or operation of an individual or organization specified in this
					 paragraph, has been subjected to financial penalties, or suspension or
					 revocation of its operating certificate, license, or certification because of a
					 failure to comply with provisions governing the conduct and operation of the
					 facility, program, or agency, then information must be provided which describes
					 the nature of the violation, the agency or body enforcing the violation
					 (including its name and mailing address), the steps taken by the facility,
					 program or agency to remedy the violation or violations, and an indication of
					 whether the suspension, revocation or accreditation has since been
					 restored;
(3) the
					 financial resources and sources of future revenue of the certified home health
					 agency to be operated by the applicant;
(4) the ability of the applicant to operate
					 the certified home health agency in compliance with applicable Federal and
					 State statutes and regulations.