N.Y. Comp. Codes R. & Regs. tit. 14 § 595.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 595.5 - Certification

(a) An operating certificate, valid for a period not to exceed three years, will be issued to residential programs which comply with the requirements stated in this Part.

(b) No more than 48 congregate beds will be located on the same premises. Service enriched single room occupancy programs shall not exceed 100 beds.

(c) Pursuant to Part 551 of this Title, applications for new operating certificates shall be submitted to the Office of Mental Health on required forms in accordance with the instructions therein. The application shall state the physical setting (congregate, apartment or service enriched single room occupancy) of the residential program and shall include a functional program which describes in detail the required information as prescribed pursuant to section 595.7 of this Part. A single application for each program shall be submitted.

(d) Renewal applications shall be submitted to the Office of Mental Health on required forms in accordance with the instruction therein.

(e) The current operating certificate shall be available to be shown to anyone upon request.

(f) The certified capacity of the residential program shall not be exceeded at any time.

(g) An operating certificate shall remain the property of the Office of Mental Health. An expired, invalidated, revoked or terminated certificate shall be returned to the Office of Mental Health.

(h) The prior approval review (PAR) procedures in accordance with Part 551 of this Title shall be required of a provider of services that wishes to:

(1) change the physical location of the facility, or utilize additional physical locations, premises or parts of premises;

(2) significantly change the number and types of staff;

(3) initiate major changes in program, including, but not limited to, changes in the criteria for admission or residency termination of residents, or changes in the target population;

(4) change the resident capacity of the program; and

(5) purchase, change ownership, or alter the premises of the program.

(i) The certificate holder shall notify the Office of Mental Health when he or she becomes aware that alterations are planned in a leased building in which the facility is located which affect or could affect the usability of any part of the facility or limit program accessibility by persons with physical disabilities.

(j) Suspension, revocation or limitation of the operating certificate.

(1) The commissioner may revoke, suspend or limit the operating certificate upon the finding that a residential program has failed to comply with the terms of any operating certificate or with the provisions of any applicable statute, rule or regulation. The certificate holder shall be given notice and an opportunity to be heard prior to any such action.

(2) Pending a determination pursuant to paragraph (1) of this subdivision, the commissioner may, upon written notice to the certificate holder, suspend the certificate for not more than 30 days upon the finding that the continued operation of the residential program presents an immediate danger to the health and welfare of any of the persons residing therein.

(k) The certificate holder shall notify the Office of Mental Health of any intention to terminate voluntarily the operation of the residential program.

(1) This notice of intention to terminate voluntarily shall include a statement of the actions which will be taken to assure appropriate referral of persons in residence, preserve the confidentiality of records and to settle financial accounts according to pre-existing individual agreements.

(2) This notice shall be submitted at least 90 days prior to termination of operation.

(l) Catastrophic termination of operation. If through catastrophe such as, but not limited to, fire, flood or earthquake, a residential program is unable to operate as certified, the governing body shall be responsible for providing emergency accommodations and continuing support to all residents until such time as the residential program can be made habitable or alternate stable living accommodations can be found.

(m) No operating certificate is transferable.

(n) The certificate holder shall cooperate with the Office of Mental Health during a review or inspection of the residential program.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 595.5