Section 3611-A. Change in the operator or owner

1. Any change in the person
  who, or any transfer, assignment, or other disposition of an interest or
  voting  rights  of  ten  percent or more, or any transfer, assignment or
  other disposition which results  in  the  ownership  or  control  of  an
  interest or voting rights of ten percent or more, in a limited liability
  company  or  a partnership which is the operator of a licensed home care
  services agency or a certified home health agency shall be  approved  by
  the   public  health  council  in  accordance  with  the  provisions  of
  subdivision four of section thirty-six  hundred  five  of  this  article
  relative  to  licensure or subdivision two of section thirty-six hundred
  six of this article relative to certificate of approval, except that:
    (a) Public health council approval shall be required only with respect
  to the person, or the member or partner that is acquiring  the  interest
  or voting rights; and
    (b)  With respect to certified home health agencies, such change shall
  not be subject to the public need assessment described in paragraph  (a)
  of subdivision two of section thirty-six hundred six of this article.
    (c)  No  prior approval of the public health council shall be required
  with respect to a transfer, assignment or disposition of:
    (i) an interest or voting rights to any person previously approved  by
  the public health council for that operator; or
    (ii)  an  interest  or  voting  rights of less than ten percent in the
  operator. However, no such transaction  shall  be  effective  unless  at
  least  ninety  days  prior  to  the intended effective date thereof, the
  partner or member completes and files with  the  public  health  council
  notice  on  forms  to  be  developed by the public health council, which
  shall disclose such information as may reasonably be necessary  for  the
  public   health   council   to  determine  whether  it  should  bar  the
  transaction. Such transaction will be final as of the intended effective
  date unless, prior  thereto,  the  public  health  council  shall  state
  specific  reasons for barring such transactions under this paragraph and
  shall notify each party to the proposed transaction.
    2. Any transfer, assignment or other disposition  of  ten  percent  or
  more  of the stock or voting rights thereunder of a corporation which is
  the operator of a licensed home care services agency or a certified home
  health agency, or any transfer, assignment or other disposition  of  the
  stock or voting rights thereunder of such a corporation which results in
  the ownership or control of more than ten percent of the stock or voting
  rights  thereunder of such corporation by any person shall be subject to
  approval by the public health council in accordance with the  provisions
  of  subdivision  four of section thirty-six hundred five of this article
  relative to licensure or subdivision two of section  thirty-six  hundred
  six of this article relative to certificate of approval, except that:
    (a) Public health council approval shall be required only with respect
  to the person or entity acquiring such stock or voting rights; and
    (b)  With respect to certified home health agencies, such change shall
  not be subject to the public need assessment described in paragraph  (a)
  of subdivision two of section thirty-six hundred six of this article. In
  the  absence  of  such  approval, the license or certificate of approval
  shall be subject to revocation or suspension.
    (c) No prior approval of the public health council shall  be  required
  with  respect to a transfer, assignment or disposition of an interest or
  voting rights to any person previously approved  by  the  public  health
  council  for  that  operator.  However,  no  such  transaction  shall be
  effective unless at least one hundred twenty days prior to the  intended
  effective  date  thereof, the partner or member completes and files with
  the public health council notice on forms to be developed by the  public
  health  council, which shall disclose such information as may reasonably

  be necessary for the public  health  council  to  determine  whether  it
  should  bar  the  transaction.  Such transaction will be final as of the
  intended effective date unless, prior thereto, the public health council
  shall  state  specific  reasons for barring such transactions under this
  paragraph and shall notify each party to the proposed transaction.
    3. (a) The commissioner shall charge to applicants  for  a  change  in
  operator or owner of a licensed home care services agency or a certified
  home  health  agency  an  application  fee in the amount of two thousand
  dollars.
    (b) The fees paid by certified home health agencies pursuant  to  this
  subdivision for any application approved in accordance with this section
  shall  be  deemed  allowable costs in the determination of reimbursement
  rates established pursuant to this article. All fees  pursuant  to  this
  section  shall  be  payable to the department of health for deposit into
  the special revenue funds - other, miscellaneous special revenue fund  -
  339, certificate of need account.