N.Y. Comp. Codes R. & Regs. tit. 14 § 681.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 681.3 - Issuance of operating certificate

(a) An intermediate care facility may be operated under voluntary, proprietary or public auspices.

(b) An application for an initial operating certificate or for renewal of an existing operating certificate shall be submitted in the format and subject to the review procedures, prescribed by OPWDD.

(c) Each intermediate care facility with four to fourteen beds shall be considered a community residential facility as defined in section 41.34 of the Mental Hygiene Law. Any such facilities which are new shall be located in accordance with procedures described in that section. Existing community residences which meet the requirements herein for intermediate care facilities need not repeat such procedures.

(d) An operating certificate valid for a period not to exceed three years will be issued to each intermediate care facility which complies with the requirements stated in this Part and in all other applicable State and Federal requirements.

(e) No intermediate care facility may be operated without a valid operating certificate issued to the sponsoring agency (see glossary, section 681.13 of this Part) by OPWDD.

(f) The current operating certificate shall be kept on file in the intermediate care facility and shall be shown to anyone requesting to see it.

(g) The certified capacity of the intermediate care facility shall not be exceeded at any time.

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

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

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

(3) change the certified residential capacity of the inter mediate care facility

(i) The certificate holder shall also obtain prior approval from OPWDD to change the overall duties or qualifications of the administrator (see glossary, section 681.13 of this Part).

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

(1) The commissioner may revoke, suspend or limit the operating certificate upon his or her finding that an intermediate care facility 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) Pending a determination pursuant to the above situation, the commissioner may, upon written notice to the certificate holder, suspend the certificate for not more than 60 days upon his or her finding that the continued operation of the intermediate care facility presents an immediate danger to the health and welfare of any of the persons served therein.

(k) The certificate holder shall notify OPWDD of any intention to voluntarily terminate the operation of the intermediate care facility. 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 persons in residence;

(2) to preserve the confidentiality of records; and

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

(l)Catastrophic termination of operation.

(1) If through a catastrophe or other circumstances beyond the agency's control, such as, but not limited to fire, flood or earthquake, the intermediate care facility is unable to operate as certified for a period of 60 days, the operating certificate shall be null and void. Such time period shall be extended upon application to, and approval from, OPWDD. Such extension shall be granted in a timely manner based on the documentation that the agency is proceeding in good faith to reinitiate operation and that satisfactory service alternatives have been provided.

(2) From the time of such catastrophe, the providers, in collaboration with the commissioner, shall be responsible for providing emergency accommodations and continuing support to all persons in residence until such time as the intermediate care facility can be made habitable or suitable alternative living accommodations can be found. Such requirement shall be contingent upon maintenance of the current reimbursement agreements.

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

(m) No operating certificate is transferable.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 681.3

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

Amended New York State Register August 15, 2018/Volume XL, Issue 33, eff.8/15/2018