SubPart 765-2 - Issuance of Home Care Services Agency License

Effective Date: 
Wednesday, December 12, 2018
Doc Status: 
Complete

Section 765-2.1 - Issuance of a license

765-2.1 Issuance of a license. (a) No home care services agency, other than those exempt from licensure requirements as provided in subdivision (c) of this section, shall provide nursing, advanced home health aide, home health aide, or personal care services to persons in their home unless it has been approved by the Public Health and Health Planning Council and has been issued a license pursuant to the provisions of article 36 of the Public Health Law and this Part.

(b) A license shall not be issued by the commissioner unless he finds that the agency's equipment, personnel, standards of care and provision of service are in compliance with article 36 of the Public Health Law and all applicable codes, rules and regulations.

(c) The following are exempt from licensure under this Part and article 36 of the Public Health Law:

(1) a certified home health agency, long term home health care program, AIDS home care program, or hospice to the extent of providing home care to its hospice patients;

(2) an agency which provides personal care services or home care services exclusively to individuals pursuant to a program administered, operated or regulated by another State agency;

(3) an organization licensed and operating exclusively as a nurses' registry pursuant to article 11 of the General Business Law;

(4) sole practitioners of nursing licensed pursuant to article 139 of the Education Law; and

(5) a medical facility, approved under article 28 of the Public Health Law, to provide chronic renal dialysis services, to the extent such facility provides chronic renal dialysis services to patients at home.

(d) The following criteria shall be used to determine whether an organization or group of individuals are subject to licensure as a home care services agency:

(1) accountability for the services provided as evidenced by responsibility for:

(i) making admission and discharge decisions;

(ii) the provision of, or arranging for, patient care;

(iii) the establishment of standards and policies relating to the provision of care; and

(iv) determining charges for services provided;

(2) employment relationship, if any, of the staff to the operational entity; and

(3) extent and scope of service delivery and functions of staff.

(e) An application for licensure as a home care services agency shall be made to the department on forms provided by the department.

Effective Date: 
Wednesday, December 12, 2018
Doc Status: 
Complete

Section 765-2.2 - Amendment of a license

765-2.2 Amendment of a license. (a) After issuance of an initial license, in order for the department to determine compliance with applicable statutes, rules and regulations, any licensed home care services agency seeking to add nursing, home health aide or personal care services shall submit an application to the department at least 90 days prior to the anticipated start of service and obtain written approval from the department prior to commencing the service. Such application shall be acted upon by the department within 90 days of receipt.

(b) The operator of a licensed home care services agency shall submit to the department, in writing, a request for approval of any proposed change in the name of a business corporation, not-for-profit corporation, partnership, sole proprietor or governmental subdivision or initial use of or change in an assumed name of a business corporation, not-for-profit corporation, partnership, sole proprietor or governmental subdivision, at least ninety (90) days prior to the proposed name change.

(1) Such request for approval shall include the following:

(i) a photocopy of the executed proposed certificate of amendment of the certificate of incorporation or application for authority to conduct business in the State of New York, or a certificate or amended certificate of conducting business under an assumed name;

(ii) the current and proposed names and an explanation of the nature of, and the reasons for, the requested name change; and

(iii) such other pertinent information and documents necessary for the department's consideration, as requested.

(2) The approval by the department of a proposed name or assumed name shall be withheld if the proposed name or assumed name indicates or implies that the corporation, partnership, governmental subdivision or individual is authorized to engage in activities for which it is not authorized, provide a level of care it is not authorized to provide, is misleading, causes confusion with the identity of another home care agency, or violates any provision of law.

(c) After issuance of an initial license, a licensed home care services agency shall notify the department in writing at least 30 days prior to commencing or discontinuing physical therapy, occupational therapy, speech/language pathology, nutrition services, social work, respiratory therapy, physician services, or medical supplies, equipment and appliances.

(d) A licensed home care services agency shall notify the department, in writing, of any proposed change in address or office site location at least 10 days prior to effecting such change.
 

Effective Date: 
Wednesday, November 1, 1995
Doc Status: 
Complete

Section 765-2.3 - Discontinuation, revocation, suspension, limitation or annulment of a license

765-2.3 Discontinuation, revocation, suspension, limitation or annulment of a license. (a) No licensed home care services agency shall discontinue operation of the agency, discontinue the provision of nursing, home health aide or personal care services or surrender its license unless 30 days' written notice of its intention to do so, and a plan for the continuation of care for the patients on its roster and a plan for maintenance and safekeeping of the patient records are provided to the commissioner and written approval obtained. Such plan shall include referral of patients in need of such services to an alternate provider, if available.

(b) A home care services agency shall notify each patient concerned, the patient's family, and the patient's physician, if any, at least 30 days prior to the voluntary surrender of a license or as directed in an order of revocation, suspension, limitation or annulment.

(c) A license of a home care services agency may be revoked, suspended, limited or annulled by the commissioner on proof that it has failed to comply with the provisions of article 36 of the Public Health Law or the rules and regulations promulgated thereunder.

(d) No such license shall be revoked, suspended, limited, annulled or denied without a hearing. However, a license may be temporarily suspended or limited without a hearing for a period not in excess of 30 days upon written notice to the agency following a finding by the department that the public health or safety is in imminent danger.

(e) The commissioner shall fix a time and place for the hearing. A copy of the charges, together with the notice of the time and place of the hearing, shall be served in person or mailed by registered or certified mail to the agency at least 21 days before the date fixed for the hearing. The agency shall file with the department not less than eight days prior to the hearing, a written answer to the charges.

(f) All orders or determinations hereunder shall be subject to review as provided in article 78 of the Civil Practice Law and Rules. Application for such review must be made within 60 days after service in person or by registered or certified mail of a copy of the order or determination upon the application or agency.

(g) A home care services agency license shall be promptly surrendered to the department when revoked, suspended, limited or annulled by the commissioner, or when the agency terminates services.
 

Doc Status: 
Complete