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Title: Section 765-2.2 - Amendment of a license

Effective Date

11/01/1995

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.
 

Volume

VOLUME E (Title 10)

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