## Facts

- The plaintiff operated a home-based, for-profit referral business that maintained a list of home health aides and, for a fee, provided their names to patients or family members.
- After receiving the names, patients or families contacted aides directly to negotiate schedules and duties.
- The plaintiff did not verify aides’ qualifications, did not supervise the aides’ work, and did not maintain patient medical records.
- The New York State Department of Health received a complaint that the plaintiff was operating an unlicensed home care services agency and investigated.
- The Department concluded the business was required to be licensed as a home care services agency under New York’s Public Health Law and directed the plaintiff to obtain a license.
- The plaintiff contested that determination, claiming the business merely supplied information and did not “arrange for” home care services.

## Issues

1. Whether a fee-based referral service that supplies names of home health aides to patients and families, without providing or supervising care, is an “organization engaged in arranging for home health aide services” and thus a “home care services agency” requiring licensure under New York’s Public Health Law.

## Decision

- The court held that the plaintiff’s referral business constituted a “home care services agency” under the statute.
- The court rejected the plaintiff’s request for declaratory relief exempting her business from the licensing scheme.
- The court enforced the Department’s interpretation of the statute and enjoined the plaintiff from operating unless and until the required license was obtained.

## Legal Principles

- Statutory definitions of regulated health-care entities may cover organizations that “arrange for” or “coordinate” services, even if they do not personally deliver or supervise care.
- A business that, for a fee, maintains a roster of home health aides and refers clients to those aides is “arranging for” home health aide services within the meaning of New York’s home care licensing law.
- Courts may uphold a health regulator’s reasonable construction of licensing statutes where it is consistent with statutory text and protective purpose.

## Conclusion

The court treated a paid home health aide referral list as an organization arranging for home health aide services, bringing it within New York’s home care services agency licensing regime and permitting injunctive relief to bar continued operation without licensure.


Mauceri v. Chassin, 594 N.Y.S.2d 605 (N.Y. Sup. Ct. 1993)