New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 769 - Voluntary Foster Care Agency Health Facility Licensure › Section 769.2 - Licensure of VFCA Health Facilities; Operating Certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A VFCA may provide limited health-related
					 services only if it is licensed as a VFCA Health Facility by the Department in
					 accordance with this article.
(b)
					 To become licensed as a VFCA Health Facility, the VFCA shall file an
					 application for licensure with the Department and the Office in such manner and
					 on such forms as prescribed by, or acceptable to, the Department and the
					 Office. The application shall:
(1) Contain
					 the name of the VFCA, the kind or kinds of limited health-related services to
					 be provided, the location and physical description of the physical plant, and
					 such other information as the Department and the Office may require.
(2) Demonstrate to the Department's
					 satisfaction that the applicant meets the following requirements:
(i) The applicant operates a residential
					 program as defined in section
					 769.1 of this article.
(ii) The applicant does not:
(a) appear on the NYS Office of the Medicaid
					 Inspector General Medicaid Fraud exclusion list;
(b) appear on the Office fiscal sanction
					 list;
(c) have a record of poor
					 performance on the audit and quality control list of audited contracts and list
					 for A-133 single audit reports;
(d)
					 appear on the Internal Revenue Service charities revocation list; or
(e) appear on any other applicable New York
					 State exclusion lists, unless the applicant can provide proof that it is
					 implementing a corrective action plan.
(iii) The applicant shall describe how it
					 will provide the core limited health-related services as set forth in section
					 770.1 of this article, and, if it
					 seeks to be licensed to provide other limited health-related services, how it
					 will provide other limited health-related services as set forth in section
					 770.2.
(iv) The applicant shall demonstrate that it
					 has arranged for adequate staffing to provide the limited health-related
					 services that it is applying to be licensed to provide.
(v) The applicant shall demonstrate that it
					 will have an adequate physical plant environment and equipment as described in
					 section 769.3 of this article.
(vi) The applicant shall document that it has
					 a medical director responsible for establishing adequate and appropriate
					 policies and procedures for the provision of health services at the VFCA Health
					 Facility for which the applicant is seeking approval, including clinical
					 supervision by the medical director and/or one or more other health care
					 practitioners as required by section
					 770.1(a)(3) of
					 this Part. (c) The VFCA Health Facility shall be licensed to provide limited
					 health-related services only to the following persons:
(1) Children and youth in the custody of the
					 local department of social services (LDSS) and in the care of a VFCA in
					 accordance with sections
					 770.1 and
					 770.2 of this article.
(2) Children and youth in the custody of the
					 LDSS but not in the care of a VFCA, in accordance with section
					 770.2 of this article.
(3) Children and youth who were in the
					 custody of the LDSS for up to one year after discharge from the custody of the
					 LDSS, in accordance with section
					 770.2 of this article.