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Title: Section 760.13 - Transfers of interest by persons or partnerships

760.13 Transfers of interest by persons or partnerships. Any change in the person who or partnership which is the operator of a certified home health agency must receive the prior approval of the Public Health Council in accordance with the applicable requirements of article 36 of the Public Health Law and this Part. In the event such change is occasioned by the death of an operator, the department shall be notified immediately and application shall be made for approval of such change within 30 days of such death. A person or partnership seeking Public Health Council approval for the transfer of all or part of the ownership of the business shall file, in addition to meeting the other applicable requirements of this Part, information, documents and data as follows:

(a) a photocopy of the applicant's existing or executed proposed certificate of doing business;

(b) a photocopy of any corporate applicant's executed existing or proposed applicable corporate certificate;

(c) where the applicant is a partnership, full and true copies of all partnership agreements;

(d) a declaration of the percentage of the business to be transferred;

(e) a financial statement setting forth the purchase price of the interest in the business being sold and the financial resources available to make such purchase, or the basis on which such transfer is to be financed;

(f) where any transfer is to be by gift, a statement of the relationship between the donor and the donee; and

(g) such additional pertinent information or documents necessary for Public Health Council consideration, as requested.


VOLUME E (Title 10)