(b) The operator of a licensed home care services agency shall submit to the department, in writing, a request for approval of any proposed change in the name of a business corporation, not-for-profit corporation, partnership, sole proprietor or governmental subdivision or initial use of or change in an assumed name of a business corporation, not-for-profit corporation, partnership, sole proprietor or governmental subdivision, at least 90 days prior to the proposed name change.

1. (1) Such request for approval shall include the following:

   1. (i) a photocopy of the executed proposed certificate of amendment of the certificate of incorporation or application for authority to conduct business in the State of New York, or a certificate or amended certificate of conducting business under an assumed name;
   2. (ii) the current and proposed names and an explanation of the nature of, and the reasons for, the requested name change; and
   3. (iii) such other pertinent information and documents necessary for the department's consideration, as requested.
2. (2) The approval by the department of a proposed name or assumed name shall be withheld if the proposed name or assumed name indicates or implies that the corporation, partnership, governmental subdivision or individual is authorized to engage in activities for which it is not authorized, provide a level of care it is not authorized to provide, is misleading, causes confusion with the identity of another home care agency, or violates any provision of law.