§ 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 and health planning 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 and health planning 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 and health planning 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 and health planning council, or its predecessor, 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 and health
planning 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 and health planning 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
and health planning 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 and health planning 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 and health planning 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 and health planning 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 and health planning council, or its predecessor, 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 and health planning council notice on forms to be developed by
the public health and health planning council, which shall disclose such
information as may reasonably be necessary for the public health and
health planning 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 and health planning
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.