N.Y. PBH Law § 2999-GG — New York Code / Act PBH / Article 29-I / Section 2999-GG
Voluntary foster care agency health facilities
Status: in_force

§ 2999-gg. Voluntary foster care agency health facilities. 1. In order\nfor an authorized agency that is approved by the office of children and\nfamily services to care for or board out children, to provide limited\nhealth-related services as defined in regulations of the department\neither directly or indirectly through a contract arrangement, such\nagency shall obtain, in accordance with a schedule developed by the\ndepartment in conjunction with the office of children and family\nservices, a license issued by the commissioner in conjunction with the\noffice of children and family services to provide such services. Such\nschedule shall require that all such authorized agencies operating on\nJanuary first, two thousand nineteen obtain the license required by this\nsection no later than January first, two thousand nineteen. Such\nlicenses shall be issued in accordance with the standards set forth in\nthis article and the regulations of the department which shall, at a\nminimum, specify: mandated health services, which shall include, but not\nbe limited to, nursing and behavioral health services; general physical\nenvironment requirements; minimum health and safety procedures; record\nmanagement requirements; quality management activities; and managed care\nliaison, fiscal and billing activities. In determining the criteria for\nlicensure, regulations shall take into account the size and type of each\nprogram, and shall be reasonably related to the provision of medical\nservices. Provided however, that a license pursuant to this section\nshall not be required if such authorized agency is otherwise authorized\nto provide the required limited-health-related services to foster\nchildren under a license issued pursuant to article twenty-eight of this\nchapter or article thirty-one of the mental hygiene law. For the\npurposes of this section, the term authorized agency shall be an\nauthorized agency as defined in paragraph (a) of subdivision ten of\nsection three hundred seventy-one of the social services law.\n  2. Such license shall not be issued unless it is determined that the\nequipment, personnel, rules, standards of care and services are fit and\nadequate, and that the health-related services will be provided in the\nmanner required by this article and the rules and regulations\nthereunder.\n  3. The commissioner and the commissioner of the office of children and\nfamily services shall enter into a memorandum of agreement for the\npurposes of administering the requirements of this section.\n  4. Proceedings involving the issuance of licenses for health-related\nservices to authorized agencies:\n  (a) A license for health-related services under this article may be\nrevoked, suspended, limited, annulled or denied by the commissioner, in\nconsultation with the office of children and family services, if an\nauthorized agency is determined to have failed to comply with the\nprovisions of this article or the rules and regulations promulgated\nthereunder. No action taken against a license under this subdivision\nshall affect an authorized agency's license to care for or board\nchildren unless the commissioner of the office of children and family\nservices determines, pursuant to the regulations of such office, that\nthe existing circumstances make it necessary to limit, suspend or revoke\nthe authority of the authorized agency to care for or board children.\n  (b) No such license shall be revoked, suspended, limited, annulled or\ndenied without a hearing. However, a license may be temporarily\nsuspended or limited without a hearing for a period not in excess of\nthirty days upon written notice that the continuation of health-related\nservices places the public health or safety of the recipients in\nimminent danger.\n  (c) The commissioner shall fix a time and place for the hearing. A\ncopy of the charges, together with the notice of the time and place of\nthe hearing, shall be served in person or mailed by registered or\ncertified mail to the authorized agency at least twenty-one days before\nthe date fixed for the hearing. The authorized agency shall file with\nthe department not less than eight days prior to the hearing, a written\nanswer to the charges.\n  (d) All orders or determinations hereunder shall be subject to review\nas provided in article seventy-eight of the civil practice law and\nrules.  Application for such review must be made within sixty days after\nservice in person or by registered or certified mail of a copy of the\norder or determination upon the applicant or agency.\n