2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.03 - Operating Certificates for Family Care Homes.

§ 31.03 Operating certificates for family care homes.
(a)  No  provider  of  services  as  a  family  care home for mentally
disabled persons shall engage in any such activities on or  after  April
first,  nineteen hundred seventy-seven, unless it possesses an operating
certificate issued by the commissioner pursuant to this article.
(b) The operation of  a  family  care  home  for  which  an  operating
certificate  is  required  shall  be in accordance with the terms of the
operating certificate and the regulations of the commissioner.
(c) The operating certificate issued for a family care home  shall  be
valid  for two years. There shall be no initial or renewal certification
fee required.
(d) Application for the operating certificate shall  be  made  by  the
owner of the family care home. The application shall be made in writing,
be  verified  under  oath, shall state the name and address of the owner
and shall be in such form and contain such information  as  required  by
regulations promulgated by the commissioner pursuant to this article.
(e)  Notice of an application for an operating certificate as a family
care home shall be forwarded by the department to the appropriate  local
governmental  unit  pursuant  to the provisions of section 31.23 of this
chapter, to the directors of department facilities and to  the  regional
director in the area proposed to be served.
(f)  Except  as otherwise provided in subdivision (g) of this section,
the commissioner shall not be required to approve an application for  an
initial  operating  certificate as a family care home unless he shall be
satisfied that it would be  in  the  public  interest  to  approve  such
certificate in consideration of the public need for the home in the area
proposed  to  be  served,  availability  of  adequate  finances  for the
establishment and continued operation of the home and such other factors
as may be pertinent.
(g) If any person is in bona fide operation as a family care  home  on
April first, nineteen hundred seventy-six, within the local governmental
unit for which application for an operating certificate is made pursuant
to  the provisions of this section, and has so operated since that time,
the  commissioner  shall  issue  such  operating   certificate   without
requiring  proof  that there is a public need for such family care home,
providing application for such operating certificate to  the  department
in  accordance  with  this  article  is  submitted prior to April first,
nineteen hundred seventy-seven. Pending the determination  of  any  such
application  the  continuance  of  such  operation  shall  be lawful. An
application pursuant to this section shall  be  deemed  filed  with  the
department  upon  being  mailed  to  the  department  by  registered  or
certified mail.
(h) In order more effectively to assure that the life, health,  safety
and comfort of persons cared for in family care homes will be adequately
protected  and  promoted and that such persons will receive the kind and
quality of care, supervision and attention required by reason  of  their
condition:
(1)  Operating certificates for family care homes shall be issued only
to natural persons, and corporations for  profit  shall  not  be  formed
under the business corporation law for any such purpose.
(2)  Except  as provided in paragraph three, no family care home shall
be issued an operating certificate for the purpose of providing suitable
care therein to more than six persons.
(3) Any provider of service providing family care  to  more  than  six
persons  on July first, nineteen hundred seventy-five shall be issued an
operating certificate for a family  care  home  effective  April  first,
nineteen  hundred  seventy-seven,  pursuant  to  the  provisions of this
section, provided that such person fulfills  all  requirements  of  this

section  except  for the number of persons in care, and that such person
agrees to provide family care to no more than ten persons on  and  after
April first, nineteen hundred seventy-seven.
(4)  No  operating  certificate  issued  under  this  section shall be
transferable.
(5) The commissioner shall promulgate  and  distribute  a  caretaker's
manual  for  the  operation  of  family  care  homes, and any amendments
thereto, and regulations pursuant to this section.
(6) The department shall investigate the financial  condition,  income
and good moral character of every applicant for an operating certificate
under this section.
(7)  The department shall provide substitute caretakers to each family
care home for a maximum of ten days per year, either directly  or  as  a
purchase of service.
(8)  The  commissioner  shall  establish  a  procedure, subject to the
approval of the state comptroller,  whereby  payments  may  be  made  to
operators of family care homes for one or more of the following needs of
clients  residing  in  such  facilities,  limited  to two hundred ninety
dollars per client  per  year  and  paid  semi-annually  in  the  manner
specified by such procedures:
(i) Replacement of necessary clothing;
(ii) Personal requirements and incidental needs of clients;
(iii)  Recreational  and cultural activities of clients. Such payments
may be made from monies appropriated to the offices  for  this  purpose.
Such  payments shall be audited by each office pursuant to an audit plan
approved by the comptroller.