N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 765-1.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 765-1.1 - Definitions

For purposes of this Subpart, unless the context indicates otherwise, the following terms shall have the following meanings:

(a) Sponsor means:

(1) each officer of a corporation that is requesting or has received approval to operate a licensed home care services agency; and

(2) any controlling person, as defined in this section.

(b) Person means an individual, corporation, governmental subdivision or other legal entity, including a joint venture, or any combination of the foregoing acting in concert.

(c) Controlling person means a person which, either directly or indirectly, or through one or more intermediaries, possesses the ability to direct or cause the direction of the actions, management or policies of a person, whether through the ownership of voting securities or voting rights, by contract (except a commercial contract for goods or nonmanagement services) or otherwise; but no person shall be deemed to control another person solely by reason of his being a corporate officer or director of such other person (providing such officer or director is not acting in concert with others to represent another corporation). Control shall be presumed to exist if any person, directly or indirectly, owns, controls or holds with the power to vote 10 percent or more of the voting securities or voting rights of any other person or is a member of a not-for-profit corporation which member is other than a natural person.

(d) Principal stockholder means any person or organization that owns, holds or has the power to vote 10 percent or more of the issued and outstanding voting shares of stock of a corporation.

(e) Parent corporation means a corporation which, directly or indirectly, or through one or more intermediaries, possesses or will possess the ability to direct or cause the direction of the actions, management or policies of any partnership or corporation, any of the members of which are not natural persons, or any corporation any of the stock of which is owned by another corporation, which is applying for approval to operate or which already operates a certified home health agency or a licensed home care services agency.

(f) Health-related subsidiary corporation means a corporation which:

(1) is approved to operate a health care facility or program under either article 28, 33, 36, 40 or 44 of the Public Health Law, or which is approved to operate a facility or program under the Mental Hygiene Law; or

(2) operates a facility or program outside the State of New York which, if located within New York, would be subject to approval under either article 28, 33, 36, 40 or 44 of the Public Health Law or the provisions of the Mental Hygiene Law; and

(3) is, or will be, either directly or indirectly, or through one or more intermediaries:

(i) controlled by any partnership or corporation, any of the members of which are not natural persons, or any corporation any of the stock of which is owned by another corporation, which is applying for approval to operate or which already operates a certified home health agency or a licensed home care services agency; or

(ii) is controlled by any parent corporation of any such partnership or corporation described in subparagraph (i) of this paragraph, through the ability to direct or cause the direction of such health-related subsidiary's actions, management or policies.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 765-1.1