Section 3611. Operation of home care services agency

1. Any home care
  services agency which seeks licensure pursuant to section three thousand
  six hundred five of this chapter or a certificate of  approval  pursuant
  to  section  three  thousand  six  hundred six of this chapter and which
  would be operated by a person, partnership, limited  liability  company,
  or  a corporation any of the members of which are not natural persons or
  which would be operated by a corporation any of the stock  of  which  is
  owned by another corporation shall:
    (a)  establish  a  corporation or limited liability company within the
  state;
    (b) submit to a character and competence review of any stockholder  or
  member  holding  ten percent or more of the stock in said corporation or
  limited liability company, as well as of any parent  or  health  related
  subsidiary corporation;
    (c)  grant  authority  to  the  New  York state corporation or limited
  liability company to have full legal authority over the operation of the
  home health services agency;
    (d) disclosure of information relative to stockholders or  members  as
  may   be  required  by  the  commissioner  to  determine  character  and
  competence; and
    (e) designate an agent for service  of  process  pursuant  to  section
  three  hundred  five  of  the  business corporation law or section three
  hundred two of the limited liability company law, as the case may be.
    2. The public health council shall not act  upon  an  application  for
  licensure  or  a  certificate  of approval for any agency referred to in
  paragraph one  of  this  section  unless  it  is  satisfied  as  to  the
  character,  competence  and  standing  in  the community of the proposed
  incorporators,  directors,  sponsors,  controlling  persons,   principal
  stockholders  of  the  parent  corporation,  health  related  subsidiary
  corporation and the New York state corporation established  pursuant  to
  paragraph  (a)  of  subdivision one of this section. For the purposes of
  this section the public health council may adopt rules  and  regulations
  relative to what constitutes parent and subsidiary corporations.