§ 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 and health planning council shall not act upon an
application for licensure or a certificate of approval for any agency
referred to in subdivision 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 and health planning council
may adopt rules and regulations relative to what constitutes parent and
subsidiary corporations.