§ 3611. Operation of home care services agency.
1.Any home care\nservices agency which seeks licensure pursuant to section three thousand\nsix hundred five of this chapter or a certificate of approval pursuant\nto section three thousand six hundred six of this chapter and which\nwould be operated by a person, partnership, limited liability company,\nor a corporation any of the members of which are not natural persons or\nwhich would be operated by a corporation any of the stock of which is\nowned by another corporation shall:\n (a) establish a corporation or limited liability company within the\nstate;\n (b) submit to a character and competence review of any stockholder or\nmember holding ten percent or more of the stock in said corporation or\nlimited liability company, as well as of
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§ 3611. Operation of home care services agency. 1. Any home care\nservices agency which seeks licensure pursuant to section three thousand\nsix hundred five of this chapter or a certificate of approval pursuant\nto section three thousand six hundred six of this chapter and which\nwould be operated by a person, partnership, limited liability company,\nor a corporation any of the members of which are not natural persons or\nwhich would be operated by a corporation any of the stock of which is\nowned by another corporation shall:\n (a) establish a corporation or limited liability company within the\nstate;\n (b) submit to a character and competence review of any stockholder or\nmember holding ten percent or more of the stock in said corporation or\nlimited liability company, as well as of any parent or health related\nsubsidiary corporation;\n (c) grant authority to the New York state corporation or limited\nliability company to have full legal authority over the operation of the\nhome health services agency;\n (d) disclosure of information relative to stockholders or members as\nmay be required by the commissioner to determine character and\ncompetence; and\n (e) designate an agent for service of process pursuant to section\nthree hundred five of the business corporation law or section three\nhundred two of the limited liability company law, as the case may be.\n 2. The public health and health planning council shall not act upon an\napplication for licensure or a certificate of approval for any agency\nreferred to in subdivision one of this section unless it is satisfied as\nto the character, competence and standing in the community of the\nproposed incorporators, directors, sponsors, controlling persons,\nprincipal stockholders of the parent corporation, health related\nsubsidiary corporation and the New York state corporation established\npursuant to paragraph (a) of subdivision one of this section. For the\npurposes of this section the public health and health planning council\nmay adopt rules and regulations relative to what constitutes parent and\nsubsidiary corporations.\n