N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 511-2.6

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

Section 511-2.6 - Certification

(a) A provider of service intending to operate a CMHRS program must obtain an initial operating certificate issued by the Office in accordance with this Part. Renewals of such operating certificates shall be issued for terms of up to three years.

(b) Designated providers of FPSS, YPST and PSR who are not providing OLP and CPST do not require licensure under this Part.

(c) Each CMHRS program shall be authorized by an operating certificate. In addition, if a program is operating from multiple sites, each site shall be authorized by a discrete operating certificate. For each site, the operating certificate shall specify:

(1) the CMHRS services to be provided;

(2) the location of the program's site;

(3) the hours of operation of the program;

(4) the program's capacity; and

(5) the term of the operating certificate.

(d) The Office of Mental Health shall be notified of any desired changes to the initial operating certificate issued pursuant to subdivision (a) of this section.

(e) An operating certificate may be limited, suspended or revoked by the Office pursuant to Part 573 of this Title. The operating certificate is the property of the Office and shall be returned to the Office if revoked.

(f) The Commissioner may reduce a program's capacity when it is determined that such program is not providing services at a reasonable level or is not providing reasonable access to services in accordance with section of this Part.

(g) The provider of service shall frame and display the operating certificate within the program site in a conspicuous place that is readily accessible to the public.

(h) The Commissioner is authorized to make inspections and examine all records of CMHRS programs. Such examination may include, but is not limited to, any medical, service (quality assurance), financial or contractual record. The provider of service shall cooperate with the Office during any such inspection or examination.

(i) An operating certificate pursuant to this Part shall not be issued in the absence of an NYS Provider Designation Approval and OMH Authorization developed in accordance with section 511.5 of this Part.

(j) Upon a determination that a provider of service is in violation of this Part or upon a determination that a provider of service has failed to otherwise comply with the terms of its operating certificate or with the provisions of any applicable statute, rule or regulation, the commissioner may revoke, suspend or limit the provider's operating certificate and designation or impose fines in accordance with Mental Hygiene Law, section 31.16 and Parts 573 and 503 of this Title.

(k) Nothing in this section shall limit or preclude the commissioner from taking whatever immediate measures may be necessary, including the exercise of her authority under Mental Hygiene Law, sections 31.16(b) and 31.28, in the event that a child's health or safety is in imminent danger or there exists any condition or practice which poses imminent danger to the health or safety of any recipient or the public.

(l) Each provider of services shall comply with the standards for the administration of audits pursuant Part 552 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 511-2.6

Adopted New York State Register July 17, 2019/Volume XLI, Issue 29, eff. 7/17/2019