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 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.3 - 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 and Health Planning Council's
						consideration.
(b) The applicant
						must satisfactorily demonstrate to the council:
(1) that there is a public need for the
						licensed home health care service agency pursuant to the methodology outlined
						in Section
						765-1.16 of this Title;
(2) that there are adequate finances and
						sources of future revenue to properly establish and operate the licensed home
						care service agency pursuant to the minimum requirements outlined in Section
						765-1.2 of this Title;
(3)
(i) if
						a not-for-profit corporation, that the controlling persons and sponsors, if
						any, the members of the board of directors and the 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 licensed home care
						services 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 licensed home care services
						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
						licensed home care services 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 interests of the applicant and in the public
						interest, in order to ensure the provision of proper care for those to be
						served by the licensed home care services agency;
(v) with respect to any application solely
						for the acquisition of control of an operator of a licensed home care services
						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 interests of the applicant and in the public
						interest, in order to ensure the provision of proper care for those to be
						served by the licensed home care services agency; or
(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 interests of the agency and in the public interest,
						and to provide proper care for those to be served by the licensed home care
						services agency.
(4)
						that the proposed operator has demonstrated satisfactory character and
						competence. In conducting a character and competence review, the Public Health
						and Health Planning Council shall, as applicable, evaluate any parent or
						health-related subsidiary corporation, the controlling persons, sponsors,
						members of the board of directors, the officers and principal stockholders, if
						any, of a corporate applicant, any sole proprietor, all partners in a
						partnership or, in the case of a governmental subdivision as the applicant, the
						governmental subdivision and the governing body thereof as a whole rather than
						the individual elected or appointed members thereof, by:
(i) reviewing the findings of inspection
						reports, patient care reviews, complaint investigations and any other pertinent
						information relating to the operation of any health care, adult care or mental
						health facility, program or agency located in New York approved to operate by
						the Department of Health, or the Department of Mental Hygiene or, if located
						outside New York, would require the approval to operate by any one of such
						agencies if located in New York, with which an individual, corporation, other
						organization or governmental subdivision has been affiliated as a director,
						sponsor, controlling person, principal stockholder, sole proprietor, partner or
						governmental operator;
(ii)
						reviewing whether such individual, corporation, other organization or
						governmental subdivision exercised supervisory responsibility of the
						facility/agency operation to assure a consistent pattern of compliance with
						applicable standards and to prevent conditions which could result in harm to
						the health, safety or welfare of patients/residents; and
(iii) determining that, if a violation of
						applicable standards did occur, the applicant investigated the circumstances
						surrounding the violation and took steps appropriate to the gravity of the
						violation which a reasonably prudent operator would take to promptly correct
						and to prevent the reoccurrence of the violation.
(5) any other pertinent matters that the
						commissioner shall deem appropriate for inclusion in the application.