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Title: Section 760.2 - Applications for establishment

760.2 Applications for establishment. (a) An application to the Public Health Council for its approval, as required by law, shall be in writing on application forms provided by the department and subscribed by the chief executive officer duly authorized by the board of a corporate applicant, a general partner or proprietor of the proposed certified home health agency, or, where an application is to be submitted by a governmental subdivision as the applicant, the president or chairman of the board of the proposed agency of the chief executive officer if there is no board and accompanied by a certified copy of a resolution of the board of a corporate applicant authorizing the undertaking which is the subject of the application, and the subscribing and submission thereof by an appropriate designated individual. In the event that an application is to be submitted by an entity which necessarily remains to be legally incorporated, it shall be subscribed and submitted by one of the proposed principal stockholders or directors. If a local government applicant submitting an application has not designated a president, chairman or chief executive officer for the proposed agency, the application shall be subscribed by the chairman or president of the local legislature or board of supervisors having jurisdiction, or other appropriate executive officer. An original application and eight copies thereof shall be prepared and filed with the Public Health Council through the Project Management Unit in the department's central office in Albany which shall transmit one copy to the health systems agency having jurisdiction.

(b) Applications to the council shall contain information and data as applicable with reference to:

(1) the public need for the existence of the certified home health agency or proposed agency at the time and place and under the circumstances proposed;

(2) the character, experience, competence and standing in the community of the proposed persons, incorporators, directors, controlling persons, officers, principal stockholders, sponsors, or partners of the applicant or of any parent or health-related subsidiary corporation, as applicable. The application shall include copies of personal qualifying, financial and disclosure information, as appropriate, as may be required by the council with regard to any such individual or organization;

(i) the applicant shall be responsible for providing information necessary for the determination by the council of character, competence and standing in the community where information adequate to make such determination is not available to the council or the commissioner in the records of the department;

(ii) disclosure information shall include, but not be limited to, a list of health care, adult care, or mental health facilities, programs or agencies controlled or operated in the United States by an individual or organization specified in this paragraph; the name and address of each such facility, program or agency; and the dates of control or operation of each such facility, program or agency;

(iii) in the event that any such health care, adult care, or mental health facility, program or agency while under the control or operation of an individual or organization specified in this paragraph, has been subjected to financial penalties, or suspension or revocation of its operating certificate, license, or certification because of a failure to comply with provisions governing the conduct and operation of the facility, program, or agency, then information must be provided which describes the nature of the violation, the agency or body enforcing the violation (including its name and mailing address), the steps taken by the facility, program or agency to remedy the violation or violations, and an indication of whether the suspension, revocation or accreditation has since been restored;

(3) the financial resources and sources of future revenue of the certified home health agency to be operated by the applicant;

(4) the ability of the applicant to operate the certified home health agency in compliance with applicable Federal and State statutes and regulations.

(c) The following documents shall be filed as attachments to the application:

(1) where the applicant will be operating the certified home health agency under an assumed name, a photocopy of the applicant's existing or executed proposed certificate of doing business;

(2) where the applicant is a partnership, full and true copies of all partnership agreements, which shall include the following language:

"By signing this agreement, each member of the partnership created by the terms of this agreement acknowledges that the partnership and each member thereof has a duty to report to the New York State Department of Health any proposed changes in the membership of the partnership. The partners also acknowledge that the prior written approval of the Public Health Council is necessary for such change before such change is made, except that a change resulting from an emergency caused by the severe illness, incompetency or death of a member of the partnership shall require immediate notification to the New York State Department of Health of such fact and application shall be made for the approval by the Public Health Council of such change within 30 days of the commencement of such emergency. The partners also acknowledge that they shall be individually and severally liable for failure to make the aforementioned reports and/or applications"; and (3) where the applicant or operator has or proposes to have a controlling person or a parent corporation, or is affiliated with a health-related subsidiary corporation, full and true copies of any such corporation's bylaws, certificate of incorporation and any existing or proposed amendments thereto, all agreements between the applicant and any such controlling person or parent corporation relating to the manner and mechanisms by which any such controlling person or parent corporation controls or will control the applicant and/or all agreements by which the applicant is affiliated with any health-related subsidiary corporation, and a detailed description of such control or affiliation relationships;

(4) where an applicant corporation is formed pursuant to the requirements of section 3611 of the Public Health Law, documentation demonstrating the designation of an agent for service of process pursuant to section 305 of the Business Corporation Law or section 305 of the Not-For-Profit Corporation Law, as applicable; and

(5) such additional pertinent information or documents necessary for the council's consideration, as requested.


VOLUME E (Title 10)