New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-4 - Early Intervention Program › Section 69-4.24 - Proceedings involving the approval of an individual or agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An agency's or
					 individual's approval to deliver evaluations, service coordination services and
					 Early Intervention Program services may be revoked, suspended, limited or
					 annulled by the commissioner upon a finding that the agency or individual
					 provider:
(1) has failed to comply with the
					 provisions of title II-A of article 25 of the Public Health Law or rules and
					 regulations promulgated thereunder;
(2) no longer meets one of the criteria for
					 approval or reapproval as set forth in section
					 69-4.5 
					 of this Subpart;
(3) does not have
					 current licensure, registration or certification to deliver services in the
					 Early Intervention Program;
(4) for
					 agency providers, use of personnel, whether by contract or under employment, to
					 deliver evaluations, service coordination services or Early Intervention
					 Program service who did not hold a license, registration or certification to
					 provide such service;
(5) falsely
					 represented or omitted material fact in an application submitted to the
					 department for approval or re-approval;
(6) is, or ever has been, excluded or
					 suspended as a provider under Medicaid, Medicare, or any governmental or
					 private medical insurance program;
(7) has been the subject of one or more
					 actions taken against the provider by another State agency which approves,
					 licenses, certifies, or registers the applicant for any purpose;
(8) has been convicted of an offense in an
					 administrative or criminal proceeding;
(9) has failed to provide unobstructed access
					 to and examination of facilities, child records, or any other documents
					 relevant to Early Intervention Program services as requested and within the
					 timeframes required by the department or a municipality or an agent of any of
					 these entities, for purpose of monitoring, auditing, or investigating the
					 provider's participation in the Early Intervention Program;
(10) has failed to submit required corrective
					 action plans or other information or documents requested by the department, or
					 a municipality to address findings of noncompliance identified through
					 monitoring, systems complaint investigations, audits, or other Early
					 Intervention Program oversight activities, or to correct non-compliance within
					 one year of any finding of non-compliance;
(11) has failed to pay recoupment due, or to
					 implement any actions required, on the basis of a State or municipal audit
					 within the timeframes specified in such audit report;
(12) has failed to pay any fines or penalties
					 assessed against the applicant or provider within timeframes specified by the
					 department;
(13) through action, or
					 act of omission, has placed children, parents, or staff in danger, or otherwise
					 violated Early Intervention Program health and safety standards issued by the
					 department;
(14) has submitted
					 improper or fraudulent claims to a third party payor or the municipality for
					 payment, including but not limited to submission of claims for services not
					 rendered.