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 485.4 - Certificates of incorporation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Any proposed or existing not-for-profit corporation desiring to file or amend a
		    certificate of incorporation for the purpose of establishing and operating, or
		    for the purpose of fundraising for the eventual establishment and operation of
		    an adult-care facility other than a shelter for adults shall, prior to the
		    endorsement of such certificate by a justice of the Supreme Court and filing
		    with the Secretary of State, secure the written approval of the
		    commissioner.
(b) In no event shall
		    any existing corporation or other entity hold itself out as being authorized to
		    operate or to raise funds for operation of a facility subject to the approval
		    of the department without having secured the prior written approval of the
		    department.
(c) A request for
		    approval of a certificate of incorporation or amendment thereto for the purpose
		    of establishing and operating an adult-care facility other than a shelter for
		    adults shall be submitted to the department in accord with the application
		    procedures set forth in this Part.
(d) A request for approval of a certificate
		    of incorporation or amendment thereto for the purpose of soliciting funds for
		    the eventual establishment and operation of an adult-care facility other than a
		    shelter for adults shall contain such information as may be required to
		    determine that the not-for-profit corporation has the competency to develop and
		    operate a facility in compliance with applicable law and regulations, and would
		    be successful in raising funds necessary to establish the proposed facility
		    within a period of not more than five years from the date of the department's
		    approval.
(e) The board of
		    directors of a not-for-profit corporation shall have a minimum of seven
		    members.
(f) No officer of the
		    board of directors of a not-for-profit corporation may be, either at the time
		    of application or thereafter, the chief administrative officer, executive
		    director, administrator, or an employee responsible for any financial operation
		    of the facility or program.
(g) A
		    request from a proposed or existing not-for-profit corporation for approval of
		    a certificate of incorporation, or amendment thereto, for the purpose of
		    soliciting funds for the eventual establishment and operation of an adult-care
		    facility other than a shelter for adults, shall include:
(1) the certificate of incorporation and
		    amendments thereto;
(2) a
		    description of the governing structure of the proposed organization, including
		    any governing boards and advisory committees;
(3) an applicant profile for each member of
		    the board of directors and the executive director or chief administrative
		    officer, if any;
(4) a description
		    of the type of facility, the anticipated location, capacity, population and
		    services;
(5) evidence of a public
		    need for the proposed facility;
(6)
		    statements of support from local governing bodies, elected officials, community
		    service organizations and others potentially affected by the establishment of
		    the proposed facility;
(7)
		    statement of assets and liabilities, sources and amounts of working capital,
		    loan commitments including purpose, source, type and amount), anticipated
		    revenues and expenses for the initial and second year;
(8) evidence that actual or potential
		    financial resources for the establishment and operation exist and can be
		    reasonably expected to be successfully raised within a period of not more than
		    five years from the date of the department's approval;
(9) names and locations of each and every
		    facility licensed by the department, the Department of Mental Hygiene pursuant
		    to articles 19, 23 and 31 of the Mental Hygiene Law, or the Department of
		    Health pursuant to article 28 of the Public Health Law, with which the
		    applicant(s) is, or has been within the past 10 years an administrator,
		    employee, incorporator, director, operator, sponsor, principal stockholder or
		    owner; and
(10) signed
		    authorization allowing the commissioner or designees or agents to undertake
		    such investigations as may be necessary to ascertain the validity of statements
		    represented to the department or to ascertain from independent sources the
		    character, competence and standing in the community of the applicant.