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 765-1.2 - Applications for licensure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
						application to the Public Health and Health Planning 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
						licensed home care services 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 or 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 another
						appropriate executive officer. If available, the application must be
						electronically submitted to the Department of Health in a form designated by
						the commissioner. In the absence of an electronic system, an original
						application and five copies thereof shall be prepared and filed with the Public
						Health and Health Planning Council through the project management unit in the
						department's central office in Albany.
(b) Applications to the council shall contain
						information and data as applicable with reference to:
(1) the public need for the existence of the
						licensed home care service agency or proposed agency at the time and place and
						under the circumstances proposed as outlined in Section
						765-1.16 of this Title;
(2) the character, experience, competence and
						standing in the community of the proposed persons, incorporators, directors,
						controlling persons, officers, principal stockholders, sponsors, governmental
						subdivisions, individual operators or partners of the applicant or of any
						parent or health-related subsidiary corporation as applicable. The application
						shall include copies of personal qualifying and disclosure information, as
						appropriate, as may be required by the council with regard to any such
						individual or organization;
(i) 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
						subdivision; 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.
(ii) 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 subdivision, 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 of the proposed licensed home care service agency and its
						projections of revenues and expenses. The standards of this review will
						require, at a minimum:
(i) an examination of
						the sources of available working capital that the proposed licensed home care
						services agency operators have, with a minimum requirement equal to at least
						two months of estimated operating expenses of the agency;
(ii) that the application passes a
						reasonableness test with respect to the financial capability of the agency or
						sources for start-up funding; and
(iii) an examination of the financial
						feasibility of the agency or projections indicating that the agency's revenues,
						including but not limited to operating revenue, will be equal to or greater
						than projected expenditures over time.
(4) any other information that the
						commissioner shall deem pertinent for inclusion in the application.