S T A T E O F N E W Y O R K
________________________________________________________________________
2652
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to limitations on the
processing and approval of applications seeking licensure of a
licensed home care services agency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4 and 6 of section 3605 of the public health
law, as amended by section 9-b of part B of chapter 57 of the laws of
2018, are amended to read as follows:
4. The public health and health planning council shall not approve an
application for licensure unless it is satisfied as to[: (a) the public
need for the existence of the licensed home health care service agency
at the time and place and under the circumstances proposed; (b)] the
character, competence and standing in the community of the applicant's
incorporators, directors, sponsors, stockholders or operators[; (c) the
financial resources of the proposed licensed home health care service
agency and its sources of financial revenues; and (d) such other matters
as it shall deem pertinent].
6. Neither PUBLIC NEED, tax status nor profit-making status shall be
criteria for licensure.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06814-01-1