2013 New York Consolidated Laws
PBH - Public Health
Article 36 - (3600 - 3622) HOME CARE SERVICES
3611 - Operation of home care services agency.

 
    §  3611.  Operation  of  home  care  services agency. 1. Any home care
  services agency which seeks licensure pursuant to section three thousand
  six hundred five of this chapter or a certificate of  approval  pursuant
  to  section  three  thousand  six  hundred six of this chapter and which
  would be operated by a person, partnership, limited  liability  company,
  or  a corporation any of the members of which are not natural persons or
  which would be operated by a corporation any of the stock  of  which  is
  owned by another corporation shall:
    (a)  establish  a  corporation or limited liability company within the
  state;
    (b) submit to a character and competence review of any stockholder  or
  member  holding  ten percent or more of the stock in said corporation or
  limited liability company, as well as of any parent  or  health  related
  subsidiary corporation;
    (c)  grant  authority  to  the  New  York state corporation or limited
  liability company to have full legal authority over the operation of the
  home health services agency;
    (d) disclosure of information relative to stockholders or  members  as
  may   be  required  by  the  commissioner  to  determine  character  and
  competence; and
    (e) designate an agent for service  of  process  pursuant  to  section
  three  hundred  five  of  the  business corporation law or section three
  hundred two of the limited liability company law, as the case may be.
    2. The public health and health planning council shall not act upon an
  application for licensure or a certificate of approval  for  any  agency
  referred to in subdivision one of this section unless it is satisfied as
  to  the  character,  competence  and  standing  in  the community of the
  proposed  incorporators,  directors,  sponsors,   controlling   persons,
  principal   stockholders  of  the  parent  corporation,  health  related
  subsidiary corporation and the New York  state  corporation  established
  pursuant  to  paragraph  (a) of subdivision one of this section. For the
  purposes of this section the public health and health  planning  council
  may  adopt rules and regulations relative to what constitutes parent and
  subsidiary corporations.