§ 3611-A — Change in the operator or owner

§ 3611-a. Change in the operator or owner. 1. Any change in the\nperson who, or any transfer, assignment, or other disposition of an\ninterest or voting rights of ten percent or more, or any transfer,\nassignment or other disposition which results in the ownership or\ncontrol of an interest or voting rights of ten percent or more, in a\nlimited liability company or a partnership which is the operator of a\nlicensed home care services agency or a certified home health agency\nshall be approved by the public health and health planning council, in\naccordance with the provisions of subdivision four of section thirty-six\nhundred five of this article relative to licensure or subdivision two of\nsection thirty-six hundred six of this article relative to certificate\nof approval, except that:\n (a) Public health and health planning council approval shall be\nrequired only with respect to the person, or the member or partner that\nis acquiring the interest or voting rights; and\n (b) With respect to certified home health agencies, such change shall\nnot be subject to the public need assessment described in paragraph (a)\nof subdivision two of section thirty-six hundred six of this article.\n (c) No prior approval of the public health and health planning council\nshall be required with respect to a transfer, assignment or disposition\nof:\n (i) an interest or voting rights to any person previously approved by\nthe public health and health planning council, or its predecessor, for\nthat operator; or\n (ii) an interest or voting rights of less than ten percent in the\noperator. However, no such transaction shall be effective unless at\nleast ninety days prior to the intended effective date thereof, the\npartner or member completes and files with the public health and health\nplanning council notice on forms to be developed by the public health\ncouncil, which shall disclose such information as may reasonably be\nnecessary for the public health and health planning council to determine\nwhether it should bar the transaction. Such transaction will be final as\nof the intended effective date unless, prior thereto, the public health\nand health planning council shall state specific reasons for barring\nsuch transactions under this paragraph and shall notify each party to\nthe proposed transaction.\n 2. Any transfer, assignment or other disposition of ten percent or\nmore of the stock or voting rights thereunder of a corporation which is\nthe operator of a licensed home care services agency or a certified home\nhealth agency, or any transfer, assignment or other disposition of the\nstock or voting rights thereunder of such a corporation which results in\nthe ownership or control of more than ten percent of the stock or voting\nrights thereunder of such corporation by any person shall be subject to\napproval by the public health and health planning council in accordance\nwith the provisions of subdivision four of section thirty-six hundred\nfive of this article relative to licensure or subdivision two of section\nthirty-six hundred six of this article relative to certificate of\napproval, except that:\n (a) Public health and health planning council approval shall be\nrequired only with respect to the person or entity acquiring such stock\nor voting rights; and\n (b) With respect to certified home health agencies, such change shall\nnot be subject to the public need assessment described in paragraph (a)\nof subdivision two of section thirty-six hundred six of this article. In\nthe absence of such approval, the license or certificate of approval\nshall be subject to revocation or suspension.\n (c) No prior approval of the public health and health planning council\nshall be required with respect to a transfer, assignment or disposition\nof an interest or voting rights to any person previously approved by the\npublic health and health planning council, or its predecessor, for that\noperator. However, no such transaction shall be effective unless at\nleast one hundred twenty days prior to the intended effective date\nthereof, the partner or member completes and files with the public\nhealth and health planning council notice on forms to be developed by\nthe public health and health planning council, which shall disclose such\ninformation as may reasonably be necessary for the public health and\nhealth planning council to determine whether it should bar the\ntransaction. Such transaction will be final as of the intended effective\ndate unless, prior thereto, the public health and health planning\ncouncil shall state specific reasons for barring such transactions under\nthis paragraph and shall notify each party to the proposed transaction.\n 3. (a) The commissioner shall charge to applicants for a change in\noperator or owner of a licensed home care services agency or a certified\nhome health agency an application fee in the amount of two thousand\ndollars.\n (b) The fees paid by certified home health agencies pursuant to this\nsubdivision for any application approved in accordance with this section\nshall be deemed allowable costs in the determination of reimbursement\nrates established pursuant to this article. All fees pursuant to this\nsection shall be payable to the department of health for deposit into\nthe special revenue funds - other, miscellaneous special revenue fund -\n339, certificate of need account.\n