NY Pub Health L § 2999-GG (2021)
2021 New York Laws PBH - Public Health Article 29-I - Medical Services for Foster Children 2999-GG - Voluntary Foster Care Agency Health Facilities.

§ 2999-gg. Voluntary foster care agency health facilities. 1. In order for  an authorized agency that is approved by the office of children and family services to care for or board out children,  to  provide  limited health-related  services  as  defined  in  regulations of the department either directly or  indirectly  through  a  contract  arrangement,  such agency  shall  obtain,  in  accordance  with a schedule developed by the department in  conjunction  with  the  office  of  children  and  family services,  a  license issued by the commissioner in conjunction with the office of children and family services to provide  such  services.  Such schedule  shall  require  that all such authorized agencies operating on January first, two thousand nineteen obtain the license required by this section no  later  than  January  first,  two  thousand  nineteen.  Such licenses  shall  be issued in accordance with the standards set forth in this article and the regulations of the department  which  shall,  at  a minimum, specify: mandated health services, which shall include, but not be  limited to, nursing and behavioral health services; general physical environment requirements; minimum health and safety  procedures;  record management requirements; quality management activities; and managed care liaison,  fiscal and billing activities. In determining the criteria for licensure, regulations shall take into account the size and type of each program, and shall be reasonably related to  the  provision  of  medical services.  Provided  however,  that  a  license pursuant to this section shall not be required if such authorized agency is otherwise  authorized to  provide  the  required  limited-health-related  services  to  foster children under a license issued pursuant to article twenty-eight of this chapter or article  thirty-one  of  the  mental  hygiene  law.  For  the purposes  of  this  section,  the  term  authorized  agency  shall be an authorized agency as defined in paragraph  (a)  of  subdivision  ten  of section three hundred seventy-one of the social services law.   2.  Such  license shall not be issued unless it is determined that the equipment, personnel, rules, standards of care and services are fit  and adequate,  and  that the health-related services will be provided in the manner  required  by  this  article  and  the  rules   and   regulations thereunder.   3. The commissioner and the commissioner of the office of children and family  services  shall  enter  into  a  memorandum of agreement for the purposes of administering the requirements of this section.   4. Proceedings involving the issuance of licenses  for  health-related services to authorized agencies:  (a)  A  license  for health-related services under this article may be revoked, suspended, limited, annulled or denied by the commissioner,  in consultation  with  the  office  of  children and family services, if an authorized agency is determined  to  have  failed  to  comply  with  the provisions  of  this  article  or  the rules and regulations promulgated thereunder. No action taken against a  license  under  this  subdivision shall  affect  an  authorized  agency's  license  to  care  for or board children unless the commissioner of the office of  children  and  family services  determines,  pursuant  to the regulations of such office, that the existing circumstances make it necessary to limit, suspend or revoke the authority of the authorized agency to care for or board children.  (b) No such license shall be revoked, suspended, limited, annulled  or denied  without  a  hearing.  However,  a  license  may  be  temporarily suspended or limited without a hearing for a period  not  in  excess  of thirty  days upon written notice that the continuation of health-related services places the  public  health  or  safety  of  the  recipients  in imminent danger.  (c)  The  commissioner  shall  fix a time and place for the hearing. A copy of the charges, together with the notice of the time and  place  of  the  hearing,  shall  be  served  in  person  or mailed by registered or certified mail to the authorized agency at least twenty-one days  before the  date  fixed  for the hearing. The authorized agency shall file with the  department not less than eight days prior to the hearing, a written answer to the charges.  (d) All orders or determinations hereunder shall be subject to  review as  provided  in  article  seventy-eight  of  the civil practice law and rules.  Application for such review must be made within sixty days after service in person or by registered or certified mail of a  copy  of  the order or determination upon the applicant or agency.