New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.7 - Renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator of
		    a facility subject to this Part, excluding shelters for adults that are
		    addressed in Part 491 of this Title, shall be required to submit an application
		    for renewal of an operating certificate, on forms and in the manner prescribed
		    by the department, no more than 90 nor less than 45 days prior to expiration of
		    said certificate. Such application shall include appropriate financial data,
		    any new contracts, leases or rental agreements and documentation that the
		    facility is in compliance with applicable regulations, codes and
		    ordinances.
(b) Renewal shall be
		    dependent upon demonstration of the operator's continuing ability to operate
		    the facility in compliance with department regulations.
(c) If application is made for renewal by an
		    operator of a facility for which the department has issued a statement of
		    charges, or by an operator who is or has been within the period of the prior
		    operating certificate an incorporator, director, sponsor, principal stockholder
		    or operator of any other adult-care facility, community residence or
		    residential health-care facility for which enforcement action has been
		    initiated for failure to meet the standards of that department or agency, the
		    department may deny or withhold renewal until the operator submits
		    documentation which affirmatively demonstrates that the operator is competent
		    to continue operation of the facility for which renewal is sought.
(d) Failure to submit an application for
		    renewal of an operating certificate within the time limits established by
		    subdivision (a) of this section may constitute grounds for the imposition of
		    civil penalties or for denial of that or any subsequent application for
		    renewal.
(e) Failure to submit an
		    application for renewal will be considered surrender of an operating
		    certificate. The operator must submit a plan for closure as required by section
		    485.5(j) 
		    of this Part and must remain responsible for operating the facility in
		    compliance with applicable department regulations until closure or transfer of
		    all residents is accomplished.
(f)
		    If the department determines that an application for renewal of an operating
		    certificate should not be approved, or that an operating certificate should be
		    limited or modified, the department must give notice to the operator. The
		    operator may, in writing and in accordance with Part 343 of this Title, request
		    administrative review of a decision by the department not to renew his or her
		    operating certificate. The department must schedule an administrative hearing
		    to provide an operator, whose certificate is to be limited or modified, with an
		    opportunity to contest the department's determination. In no event will the
		    limitation or modification take effect prior to the 30th day after the date of
		    the notice or prior to the effective date specified in the notice or prior to
		    the date of the hearing decision, whichever is later.