N.Y. MHY Law § 31.03 — New York Code / Act MHY / Title E / Article 31 / Section 31.03
Operating certificates for family care homes
Status: in_force

§ 31.03 Operating certificates for family care homes.\n  (a) No provider of services as a family care home for mentally\ndisabled persons shall engage in any such activities on or after April\nfirst, nineteen hundred seventy-seven, unless it possesses an operating\ncertificate issued by the commissioner pursuant to this article.\n  (b) The operation of a family care home for which an operating\ncertificate is required shall be in accordance with the terms of the\noperating certificate and the regulations of the commissioner.\n  (c) The operating certificate issued for a family care home shall be\nvalid for two years. There shall be no initial or renewal certification\nfee required.\n  (d) Application for the operating certificate shall be made by the\nowner of the family care home. The application shall be made in writing,\nbe verified under oath, shall state the name and address of the owner\nand shall be in such form and contain such information as required by\nregulations promulgated by the commissioner pursuant to this article.\n  (e) Notice of an application for an operating certificate as a family\ncare home shall be forwarded by the department to the appropriate local\ngovernmental unit pursuant to the provisions of section 31.23 of this\nchapter, to the directors of department facilities and to the regional\ndirector in the area proposed to be served.\n  (f) Except as otherwise provided in subdivision (g) of this section,\nthe commissioner shall not be required to approve an application for an\ninitial operating certificate as a family care home unless he shall be\nsatisfied that it would be in the public interest to approve such\ncertificate in consideration of the public need for the home in the area\nproposed to be served, availability of adequate finances for the\nestablishment and continued operation of the home and such other factors\nas may be pertinent.\n  (g) If any person is in bona fide operation as a family care home on\nApril first, nineteen hundred seventy-six, within the local governmental\nunit for which application for an operating certificate is made pursuant\nto the provisions of this section, and has so operated since that time,\nthe commissioner shall issue such operating certificate without\nrequiring proof that there is a public need for such family care home,\nproviding application for such operating certificate to the department\nin accordance with this article is submitted prior to April first,\nnineteen hundred seventy-seven. Pending the determination of any such\napplication the continuance of such operation shall be lawful. An\napplication pursuant to this section shall be deemed filed with the\ndepartment upon being mailed to the department by registered or\ncertified mail.\n  (h) In order more effectively to assure that the life, health, safety\nand comfort of persons cared for in family care homes will be adequately\nprotected and promoted and that such persons will receive the kind and\nquality of care, supervision and attention required by reason of their\ncondition:\n  (1) Operating certificates for family care homes shall be issued only\nto natural persons, and corporations for profit shall not be formed\nunder the business corporation law for any such purpose.\n  (2) Except as provided in paragraph three, no family care home shall\nbe issued an operating certificate for the purpose of providing suitable\ncare therein to more than six persons.\n  (3) Any provider of service providing family care to more than six\npersons on July first, nineteen hundred seventy-five shall be issued an\noperating certificate for a family care home effective April first,\nnineteen hundred seventy-seven, pursuant to the provisions of this\nsection, provided that such person fulfills all requirements of this\nsection except for the number of persons in care, and that such person\nagrees to provide family care to no more than ten persons on and after\nApril first, nineteen hundred seventy-seven.\n  (4) No operating certificate issued under this section shall be\ntransferable.\n  (5) The commissioner shall promulgate and distribute a caretaker's\nmanual for the operation of family care homes, and any amendments\nthereto, and regulations pursuant to this section.\n  (6) The department shall investigate the financial condition, income\nand good moral character of every applicant for an operating certificate\nunder this section.\n  (7) The department shall provide substitute caretakers to each family\ncare home for a maximum of ten days per year, either directly or as a\npurchase of service.\n  (8) The commissioner shall establish a procedure, subject to the\napproval of the state comptroller, whereby payments may be made to\noperators of family care homes for one or more of the following needs of\nclients residing in such facilities, limited to two hundred ninety\ndollars per client per year and paid semi-annually in the manner\nspecified by such procedures:\n  (i) Replacement of necessary clothing;\n  (ii) Personal requirements and incidental needs of clients;\n  (iii) Recreational and cultural activities of clients. Such payments\nmay be made from monies appropriated to the offices for this purpose.\nSuch payments shall be audited by each office pursuant to an audit plan\napproved by the comptroller.\n