N.Y. Comp. Codes R. & Regs. tit. 14 § 343.15

Current through Register Vol. 46, No. 50, December 11, 2024

Section 343.15 - Termination of certification

(a) Grounds.

(1) The division shall terminate certification prior to expiration upon discovery of any of the circumstances set forth in section 343.14(e)(1)(i) through (v) of this Part.

(2) The division may terminate certification prior to expiration upon discovery of any of the circumstances set forth in section 343.14(f)(1)(i) through (viii) of this Part or if any of the terms of the affirmation statement signed pursuant to section 343.9 have been violated, in accordance with the following procedure:

(i) The division shall inform the certified provider in writing of the inappropriate activity or deficiency and shall notify such provider that it has been placed on probationary status and that it must immediately cease and desist all inappropriate activity or correct noted deficiencies, as applicable. Such notification shall also state that the certified provider must submit a plan of correction within 30 days of receipt of the notification and in accordance with division instructions.

(ii) After receipt of the required plan of correction, the division shall conduct a follow-up on-site inspection of such provider, or shall take other appropriate measures to determine plan compliance.

(iii) If the division determines that the plan of correction has been satisfactorily implemented, and deficiencies no longer exist, probationary status shall be lifted and full certification shall be restored.

(iv) If the plan of correction has not been satisfactorily implemented and/or if deficiencies persist, certification shall be terminated. The division shall send written notice of termination of certification to the provider by certified mail, return receipt requested. Such notice shall state that certification shall be invalid upon receipt of the notice.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 343.15