N.Y. Comp. Codes R. & Regs. tit. 14 § 584.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 584.5 - Certification

(a) Each provider of services that intends to operate a residential treatment facility must be issued an operating certificate by the Office of Mental Health prior to the operation of the facility.

(b) Residential treatment facilities may only be operated by not-for-profit corporations.

(c) An operating certificate may be issued to a residential treatment facility which complies with the requirements of these regulations.

(d) The term of the operating certificate shall be determined by the Office of Mental Health, but in no event shall the term exceed three years.

(e) An operating certificate shall be issued for a residential treatment facility for a resident capacity of no fewer than 14 and no more than 56 residents; provided, however, that for the period commencing April 1, 2000 through September 30, 2016, bed capacity for facilities primarily serving New York City residents may be temporarily increased up to an additional ten beds over the maximum certified capacity with the prior approval of the Commissioner. In order to receive such approval, the residential treatment facility must demonstrate that the additional capacity will be used to serve those children and youth deemed most in need of RTF services.

(f) A residential treatment facility must provide the full range of services required by section 584.11 of this Part at a single location.

(g) An operating certificate may be limited, suspended, invalidated or revoked by the Office of Mental Health in accordance with the provisions of Part 573 of this Title. Certificates shall remain the property of the Office of Mental Health and invalidated or revoked certificates shall be returned to the Office of Mental Health.

(h) Each operating certificate will specify:

(1) the location of the residential treatment facility;

(2) the term of the operating certificate;

(3) any changes to be made in the operation of the residential treatment facility in order to retain the operating certificate; and

(4) the resident capacity of the residential treatment facility.

(i) In order to receive and retain an operating certificate, a provider of services shall:

(1) submit an application on such forms and such supporting documents as shall be required by the Office of Mental Health;

(2) frame and display the operating certificate within the residential treatment facility in a conspicuous place which is readily accessible to the public;

(3) cooperate with the Office of Mental Health during any review or inspection of the facility or program;

(4) make available to the Office of Mental Health or commissioner's designee upon request all documentation, files, reports, case records, or other materials required by this Part or requested by the Office of Mental Health in the course of visitation and inspection;

(5) undertake changes in the operation of the facility or program as required by the operating certificate;

(6) obtain prior approval of the Office of Mental Health in accordance with the procedures specified in Part 551 of this Title, to:

(i) change the physical location of the residential treatment facility or utilize additional physical locations;

(ii) initiate major changes in the program;

(iii) terminate the program or services in the program; or

(iv) change the powers or purposes set forth in the certificate of incorporation;

(7) comply with site selection requirements of section 41.34 of the Mental Hygiene Law if the residential treatment facility will have a resident capacity of 14 or fewer; and:

(i) is not located on the grounds of a residential facility licensed by another State agency; or

(ii) is not a residential facility licensed by another State agency at the time an application is submitted to the Office of Mental Health.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 584.5

Amended New York State Register August 17, 2016/Volume XXXVIII, Issue 33, eff. 8/17/2016

Amended New York State Register July 3, 2024/Volume XLVI, Issue 27, eff. 7/3/2024