2023 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.