Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENEChapter XIII - Office of Mental Health
Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances
Section 594.5 - Certification

N.Y. Comp. Codes R. & Regs. tit. 14 § 594.5

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Current through Register Vol. 46, No. 43, October 23, 2024
Section 594.5 - Certification
(a) An operating certificate, valid for a period not to exceed three years, will be issued to housing programs which comply with the requirements stated in this Part.
(b) Pursuant to Part 551 of this Title, applications for new operating certificates shall be submitted to the Office of Mental Health on required forms in accordance with the instructions therein. The application shall state the type of housing program and shall include a functional program which describes in detail the required information as prescribed pursuant to section 594.7 of this Part. A single application for each program shall be submitted.
(c) Renewal applications shall be submitted to the Office of Mental Health on required forms in accordance with the instruction therein. Requests for recertification should be submitted to the Office of Mental Health at least three months prior to the expiration of the existing operating certificate.
(d) The operating certificate shall be available to be shown to anyone requesting to see it.
(e) All operating certificates shall remain the property of the Office of Mental Health, and expired, invalidated, revoked or terminated certificates shall be returned to the Office of Mental Health.
(f) No operating certificate is transferable.
(g) The certified capacity of any residence shall not be exceeded at any time.
(1) Teaching family homes shall have a maximum certified capacity of four.
(2) Children's community residences, (including CREDIT programs) and crisis residences shall have maximum certified capacities of eight. If bedroom space is adequate, capacity may be increased by one for respite purposes.
(h) The Prior Approval Review (PAR) procedures in accordance with Part 551 of this Title shall be required of a provider of services that wishes to:
(1) change the physical location of the facility, or utilize additional physical locations, premises or parts of premises;
(2) significantly change the number and types of staff;
(3) initiate major changes in program, including but not limited to changes in the criteria for admission or discharge of residents, or changes in the target population;
(4) change the resident capacity of the program; or
(5) purchase, change ownership, or alter the premises of the program.
(i) The provider of service shall notify the Office of Mental Health of any intention regarding alterations which are planned in a leased building in which the facility is located which affect or could affect the usability of any part of the facility by persons with physical disabilities.
(j) The provider of service shall notify the Office of Mental Health of any intention to terminate voluntarily the operation of the housing program.
(1) Such notice of intention to terminate voluntarily shall include a statement of the actions which will be taken to assure appropriate referral of youth in residence, preserve the confidentiality of records and to settle financial accounts according to pre-existing individual agreements.
(2) Such notice shall be submitted at least 90 days prior to termination of operation.
(k) If through catastrophe such as, but not limited to, fire, flood or earthquake, a housing program is unable to operate as certified, the governing body shall be responsible for providing emergency accommodations and continuing support to all residents until such time as the housing program can be made habitable or alternate stable living accommodations can be found.
(l) The provider of service shall cooperate with the Office of Mental Health during any review or inspection of the housing program.
(m) The commissioner may revoke, suspend or limit the operating certificate upon his finding that a housing program has failed to comply with the terms of any 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.
(n) Pending a determination pursuant to subdivision (m) of this section, the commissioner may, upon written notice to the provider of service, suspend the certificate for not more than 30 days upon finding that the continued operation of the housing program presents an immediate danger to the health and welfare of any of the youth residing therein.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 594.5