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The Committee on Health Regulation (Jones recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 356 and 357,

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insert:

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     (9) The agency may not issue an initial license to a home

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health agency licensure applicant if the applicant shares common

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controlling interests with another licensed home health agency

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that is located within 20 miles of the applicant. The agency

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must return the application and fees to the applicant.

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     (10) An application for a home health agency license may

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not be transferred to another home health agency or controlling

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interest prior to issuance of the license.

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     (11) A licensed home health agency that seeks to relocate

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to a different geographic service area not listed on its license

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must submit an initial application for a home health agency

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license for the new location.

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(12) When an applicant alleges that a factual

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determination made by the agency is incorrect, the burden of

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proof is on the applicant to demonstrate that such determination

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is, in light of the total record, not supported by the

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preponderance of the evidence.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 16, after the semicolon,

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insert:

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prohibits the agency from issuing an initial license to a

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home health agency licensure applicant located within 20

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miles of a licensed home health agency that has common

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controlling interests; prohibits transferring an

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application to another home health agency; requires

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submission of an initial application to relocate a

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licensed home health to another geographic service area;

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imposes the burden of proof on an applicant to demonstrate

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that a factual determination made by the agency is not

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supported by a preponderance of the evidence;

3/3/2008  4:41:00 PM     HR.HR.04377