New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 690 - Day Treatment Services to Persons with Developmental Disabilities › Section 690.4 - Issuance of operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of
				compliance.
(1) An operating
				certificate may be issued to an agency (see glossary) for the operation of a
				day treatment facility that meets the requirements of this Part and all other
				applicable State and Federal requirements.
(2) An application for an initial operating
				certificate, for the renewal of an existing operating certificate, or for
				certain program changes shall be submitted in the format and subject to the
				review procedures prescribed by OPWDD including, as appropriate, a
				certification of need review (see glossary) pursuant to Part 620 of this Title.
(i) A description and rationale for the
				facility's staffing pattern shall be submitted as part of the application for
				certification. OPWDD shall be notified of any significant changes in the
				staffing pattern, job expectations and/or minimum qualifications of the staff
				and impact on delivery of services.
(ii) The initial staffing allocation plan
				shall contain justification for the staff allocation based on the assessment
				and analysis of the needs of the persons served.
(a) Within six months of the issuance of the
				initial operating certificate, the facility shall submit to OPWDD a letter
				certifying that, based on subsequent assessments of the persons admitted to the
				facility, the staffing allocation plan as originally submitted and approved is
				adequate to meet the identified needs; or
(b) Any substantial revisions to a facility's
				original staffing plan shall be submitted to OPWDD for review and
				approval.
(c) If OPWDD discovers
				that any portion of the day treatment needs of the persons admitted are not
				being met because of inadequate staffing, the facility shall prepare a plan of
				correction and implement, in a timely fashion, a staffing allocation plan that
				will meet the identified service needs of the admitted persons.
(3) The initial and
				renewed operating certificate may be valid for a period of up to three
				years.
(4) An operating certificate
				shall be issued to a day treatment facility for a specific inspected site and
				its approved satellite site(s).
(5)
				No day treatment facility may be operated without a valid operating certificate
				issued to the agency by OPWDD.
(6)
				The current operating certificate shall be maintained at the facility site and
				shall be available to anyone requesting to see it. Copies of the operating
				certificate showing the approved satellite site(s) shall be available at said
				satellite site(s).
(7) The number
				of full-time equivalent persons (see glossary) for which the overall facility
				(including any satellite sites) has been approved for routine on-site
				attendance at any one time, shall be stated on the operating certificate as the
				certified capacity (see glossary).
(8) All operating certificates shall remain
				the property of OPWDD. Expired, invalidated, revoked or terminated certificates
				shall be returned to OPWDD.
(9)
				Suspension, revocation or limitation of the operating certificate shall be in
				accordance with the provisions of article 16 of the Mental Hygiene
				Law.
(10) The certificate holder
				shall notify OPWDD of any intention to voluntarily terminate the operation of
				the facility at least 60 days prior to anticipated termination. This notice of
				intent to voluntarily terminate operation shall include a statement of the
				actions which will be taken by the certificate holder:
(i) to assure appropriate referral of persons
				being served;
(ii) to preserve the
				confidentiality of records; and
(iii) to settle all outstanding debts and
				accounts receivable according to the pre-existing individual
				agreements.
(11)
				Catastrophic termination of operation.
(i) The
				commissioner shall be notified immediately of any catastrophe.
(ii) If, through a catastrophe or other
				circumstance beyond the facility's control, such as but not limited to fire,
				flood or earthquake, the facility is unable to operate as certified for a
				period of 60 days, the operating certificate shall be subject to suspension,
				revocation or limitation. Such time period shall be extended upon application
				to and approval from the commissioner. Such extension shall be granted in a
				timely manner based on the documentation that the facility is proceeding in
				good faith to reinitiate operation and that satisfactory service alternatives
				have been provided for the participants in the interim.
(iii) From the time of such catastrophe, the
				agency, in collaboration with the commissioner, shall be responsible for
				providing emergency quarters and continuing support to all persons, until such
				time as the facility can be made habitable or suitable alternative quarters can
				be found. Such requirements shall be contingent upon maintenance of the current
				reimbursement agreements.
(12) No operating certificate is transferable
				or assignable to any other party or entity.