N.Y. Comp. Codes R. & Regs. tit. 14 § 810.15

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

Section 810.15 - Suspension, revocation or limitation of operating certificates

(a) Any operating certificate may, on written notice to the provider of services, be suspended, revoked or limited at any time for any of the following reasons:

(1) the provider of services, or anyone on its behalf, has procured any approval or certification through fraud or deceit;

(2) the Office, or any other State agency, has revoked any other approval, authorization or certificate issued to the provider;

(3) any principal of the provider of services has been convicted in a court of competent jurisdiction, either within or without the State, of a felony, or has been convicted of an act in another state that would be a felony in New York State;

(4) the provider of services has failed to report any important change in the information about a project as required by section 810.7(e) of this Part;

(5) the provider of services has failed to operate in accordance with the representations made in its application;

(6) the provider of services has failed to comply with any terms and conditions established by the Commissioner on which any operating certificate was issued;

(7) the provider of services has failed to operate in compliance with any applicable law, rule or regulation or any combination thereof; and/or

(8) the provider ceases to provide, or fails to commence, the services that it is authorized to provide.

(b) If an inspection of the provider of services, made pursuant to section 810.14(b) of this Part, identifies that a provider of service is not in compliance with any of the rules, regulations, policies, procedures and requirements of the Office, a written notification of the deficiencies identified shall be delivered to the provider.

(1) The provider of services shall respond to the notification of deficiencies within stipulated time frames. The provider of services' response must include a plan for the correction of the noted deficiencies or an explanation, deemed satisfactory to the Office, of the reason for any deviations from the requirements of the Office.

(2) If the provider of services fails to correct deficiencies or fails to provide reasonable justification for its failure to take action, the Commissioner may impose sanctions on or require other corrective measures by the provider. Sanctions may include suspension, revocation, or limitation of the operating certificate, or the levying of a civil fine in accordance with the Mental Hygiene Law.

(3) The imposition of any sanction shall be effected by the delivery of a notice, clearly stating the sanction imposed and the violation(s) for which the sanction is imposed, to the provider of services.

(c) If there are reasonable grounds to believe that continued operation presents an immediate danger to the health and welfare of the public or any person receiving services, the Commissioner may, upon written notice to a provider of services, immediately suspend an operating certificate or an emergency or conditional operating certificate for up to 30 days.

(d) A provider of services may request an opportunity for a hearing regarding any suspension, revocation or limitation, pursuant to Part 831 of this Title. If the time period for requesting a hearing has expired, or, after the hearing has been held based on the findings of such hearing, the commissioner may impose any of the following penalties:

(1) revocation of the operating certificate;

(2) suspension of the operating certificate, during which period of suspension the provider must discontinue operation of the addiction services; or

(3) limitation of the operating certificate to temporarily or permanently prohibit the provider of services from operating certain identified programs or services, reducing the number of beds, restricting the number or types of patients served or other limitation determined appropriate by the Commissioner; and/or

(4) in addition to or in lieu of any suspension, revocation or other terms and conditions imposed by the commissioner, imposition of a fine of up to $1,000 for each separate incident of failure to comply with a requirement of law, rule, regulation or condition of certification: or, up to $1,000 for each day of a continuing failure to comply with any such requirement.

(e) Appointment of a Temporary Operator.

(1) The Commissioner may appoint a Temporary Operator when:

(i) a program voluntarily requests the appointment of a Temporary Operator

(ii) the program is seeking extraordinary financial assistance;

(iii) the office collected data indicates that the program is experiencing serious financial instability issues;

(iv) the office collected data indicates that the program's board of directors or administration are unable or unwilling to ensure the proper operation of the program; or

(v) the office collected data indicates there are conditions that seriously endanger or jeopardize continued access to necessary addiction treatment services within the community.

(2) The appointment of a Temporary Operator shall be effectuated pursuant to § 32.20 of the Mental Hygiene Law and for a Mandatory Temporary Operator notice shall be given to the program via registered or certified mail and shall include a detailed description of the findings underlying the intention to appoint a Temporary Operator, along with the date and time of a required meeting with the Commissioner or their designee within ten (10) business days of the receipt of such notice. At such meeting, the established operator shall have the opportunity to review all relevant findings, and shall attempt to develop a mutually satisfactory plan of correction and schedule for implementation.

(3) In the event that the Commissioner and the program are unable to establish such plan of correction, or should the program fail to respond to the initial notification, there shall be an administrative hearing on the Commissioner's determination to appoint a temporary operator to begin no later than thirty (30) days from the date of the notice to the program. If the decision to appoint a Temporary Operator is upheld, the Temporary Operator shall be appointed as soon as is practicable and shall operate the program pursuant to § 32.20.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 810.15

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register August 2, 2023/Volume XLV, Issue 31, eff. 8/2/2023