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