N.Y. Comp. Codes R. & Regs. tit. 14 § 680.3

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

Section 680.3 - Certification

(a) A specialty hospital, either as a separate facility or distinct part (see section 680.13 of this Part) of a general hospital, shall have a valid operating certificate issued by New York State OPWDD.

(b) A specialty hospital shall meet the requirements of the State Health Code (Title 10, Vol. C, NYCRR) for the following areas:

(1) Section 400.7 -Facility participation in title XVIII program.

(2) Section 400.9 -Transfer and affiliation agreements.

(3) Section 405.1(b) -Construction standards.

(4) Section 405.3 -Environmental health.

(5) Section 405.6 -Physician's assistants and specialist's assistants.

(6) Section 405.11 -Dietary.

(7) Section 405.12 -Laboratories.

(8) Section 405.14 -Psychiatric services.

(9) Section 405.19 -Central supply service.

(10) Section 405.25 -Accounting and reporting.

(11) Section 405.1022 -Physical environment.

(12) Section 405.1023 -Medical staff.

(13) Section 405.1026 -Medical records department.

(14) Section 405.1028 -Laboratories.

(15) Section 405.1029 -Radiology.

(16) Section 405.1030 -Medical library.

(17) Section 405.1031 -Complementary departments.

(18) Section 700.3 -Applicability of other laws, codes, rules and regulations.

(19) Section 700.5 -Contracts.

(20) Section 700.6 -Statement or bills for health services.

(21) Section 700.8 -Facility participation in title XXIII program.

(22) Section 702.2 -Housekeeping.

(23) Section 702.3 -Fire and safety.

(24) Section 702.4 -Infection control and reporting.

(25) Section 702.5 -Linen and laundry.

(26) Section 702.6 -Animals.

(27) Section 702.7 -Emergency and disaster preparedness (limited to internal disasters only.

(28) Section 720-Hospital operationmaximum standards.

(c) In those cases where there is a conflict between OPWDD standards as expressed in this regulation and the Department of Health standards referred to above, OPWDD standards shall be controlling to the extent that Federal funds and other third-party payments are not jeopardized.

(d) OPWDD shall ensure the provision of appropriately qualified audit personnel to ensure compliance with the above-mentioned article 28 standards.

(e) If so notified by the commissioner, the specialty hospital shall obtain a valid operating certificate issued pursuant to article 28 of the Public Health Law.

(f) A specialty hospital may be operated under voluntary, proprietary or public auspices (see section 680.13 of this Part). However, in no event shall facilities identified in article 13.17 of the Mental Hygiene Law as Schools for persons with developmental disabilities (i.e., developmental centers) be operated as specialty hospitals.

(g) An application for an initial operating certificate from OPWDD or for renewal of an existing operating certificate shall be submitted in the format and subject to the certificate of need review (see section 680.13 ) procedures prescribed by OPWDD.

(h) An operating certificate, valid for a period not to exceed three years, will be issued to each specialty hospital which complies with the requirements stated in this regulation and in all other applicable State and Federal requirements.

(i) The current operating certificate from OPWDD shall be framed and displayed in a conspicuous place in the specialty hospital and shall be shown to anyone requesting to see it.

(j) The certified capacity (see section 680.13 ) of the specialty hospital shall not be exceeded at any time.

(k) All operating certificates issued by OPWDD shall remain the property of OPWDD. Expired, invalidated, revoked or terminated certificates shall be returned to OPWDD.

(l) The certificate holder shall obtain prior approval from OPWDD to:

(1) change the address or physical location of the specialty hospital or utilize additional physical locations or premises or parts of premises;

(2) initiate any changes in the overall provision of services to individuals;

(3) change the powers or purposes set forth in any certificate of incorporation or partnership agreement; or

(4) change the certified residential capacity of the specialty hospital.

(m) certificate holder shall also obtain prior approval from OPWDD to change the specific responsibilities or qualifications of the administrator (see section 680.13 ).

(n) The operating certificate may be suspended, revoked or limited as follows:

(1) The commissioner may revoke, suspend or limit the operating certificate upon his finding that a specialty hospital has failed to comply with the terms of the 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) The commissioner may revoke, suspend or limit the certificate in accordance with the provisions of section 16.17 of the Mental Hygiene Law and Part 602 of this Title.

(o) The certificate holder shall give written notice to OPWDD not less than 60 days prior to the voluntary termination of the operation of the specialty hospital. This notice of intention to voluntarily terminate shall include a statement of the actions which will be taken by the certificate holder:

(1) to assure appropriate referral of individuals in the residence and continuation of treatment offered by the specialty hospital;

(2) to preserve the confidentiality of records; and

(3) to settle all outstanding debts and accounts receivable according to the preexisting individual agreements.

(p) The following procedures shall be observed in the case of catastrophic termination of operation:

(1) If through catastrophe such as, but not limited to, fire, flood or earthquake, the specialty hospital is unable to operate as certified for a period of 60 days, the operating certificate shall be null and void.

(2) From the time of such catastrophe, the governing body, in collaboration with the commissioner, shall be responsible for providing emergency accommodations and continuing support to all clients until such time as the specialty hospital can be made habitable or alternative suitable living accommodations can be found.

(3) The commissioner shall be notified immediately of the occurrence of any catastrophe.

(q) No operating certificate is transferable.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 680.3

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016