N.Y. Comp. Codes R. & Regs. tit. 14 § 70.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 70.4 - Classes of operating certificates

(a) Schools for the mentally retarded shall be a class of operating certificate. All facilities for the residential care, treatment, training or education of the mentally retarded which are required by law to be operated only in accordance with an operating certificate issued by the commissioner shall be eligible for an operating certificate only in the schools for the mentally retarded class.

(b) Hospitals for the mentally ill shall be a class of operating certificate. All facilities for the inpatient care or treatment of the mentally ill, including but not limited to facilities maintained by a political subdivision of the State and any part of a general hospital operated for the purpose of providing inpatient services to the mentally ill, which are required by law to be operated only in accordance with an operating certificate issued by the commissioner shall be eligible for an operating certificate only in the hospitals for the mentally ill class.

(c) Alcoholism facilities shall be a class of operating certificate. All facilities for the inpatient care and treatment of alcoholics, including but not limited to any part of a general hospital operated for the purpose of providing inpatient services to alcoholics, which are required by law to be operated only in accordance with an operating certificate issued by the commissioner shall be eligible for an operating certificate only in the alcoholism facilities class.

(d) Outpatient facilities for the mentally disabled shall be a class of operating certificate.

(1) All facilities for the outpatient or nonresidential examination, diagnosis, care, treatment, rehabilitation, or training of the mentally ill, the mentally retarded, or alcoholics, or any combination thereof, which are required by law to be operated only in accordance with an operating certificate issued by the commissioner shall be eligible for an operating certificate in the outpatient facilities for the mentally disabled class.

(2) Any facility eligible for an operating certificate in the outpatient facilities for the mentally disabled class which is operated in conjunction with an inpatient or residential facility eligible for an operating certificate may be included in the latter operating certificate issued to a single provider of services.

(e) Community residence for the mentally disabled shall be a class of operating certificate. All facilities for the residential care, training, and supervised living of the mentally disabled which are required by law to be operated only in accordance with an operating certificate issued by the commissioner shall be eligible for an operating certificate in the community residence class.

(f) Intermediate care facility for the developmentally disabled shall be a class of operating certificate. All facilities for the residential care, supervision, habilitation and treatment of the developmentally disabled, which meet the requirements for medical assistance participation as intermediate care facility for the developmentally disabled, and which are required by law to be operated only in accordance with an operating certificate issued by the commissioner, shall be eligible for an operating certificate only in the intermediate care facility for the developmentally disabled class.

(g) Specialty hospital shall be a class of operating certificate. All facilities for the time-limited residential care and the provision of services by or under the direction of a physician for the treatment of health-related problems associated or present with developmental disabilities, which are required by law to be operated only in accordance with an operating certificate issued by the commissioner, shall be eligible for an operating certificate only in the specialty hospital class.

(h) Diagnostic and research clinic shall be a class of operating certificate. All facilities for the comprehensive behavioral and medically related assessment and diagnostic services to developmentally disabled persons, or persons suspected of being developmentally disabled, which meet the requirements for medical assistance participation and which are required by law to be operated only in accordance with an operating certificate issued by the commissioner, shall be eligible for an operating certificate only in the diagnostic and research clinic class.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 70.4