N.Y. Comp. Codes R. & Regs. tit. 14 § 687.6

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

Section 687.6 - Voluntary discontinuance of operation

(a) In the event that the holder of an operating certificate for a family care home wishes to cease the operation or conduct of any of the activities, as defined in this Part, for which such certificate has been issued, wishes to transfer ownership or possession of the premises in which such activities are being conducted or elects not to apply to OPWDD for recertification upon the expiration of any current period of certification, it shall be the duty of the family care provider to give OPWDD and the sponsoring agency written notice of such intention not less than 60 days prior to the intended effective date of such transaction.

(b) Such notice shall set forth a detailed plan developed in conjunction with OPWDD and the sponsoring agency which makes provision for the safe and orderly transfer of each individual served by the family care provider into a program of services appropriate to each individual's ongoing needs.

(c) The family care provider shall not cease to provide any such services to any individual under any of the circumstances described in this section until the notice and plan required hereby are received, reviewed and approved by the sponsoring agency and OPWDD, with OPWDD having final authority to approve.

(d) For the purposes of this section, the requirement of prior notice and continuous provision of programs and services by the family care provider shall not apply to those situations and changes in circumstances directly affecting the family care provider that are not reasonably foreseeable at the time of occurrence, including but not limited to death or other sudden incapacitating disability or infirmity. Written notice shall be given to OPWDD and the sponsoring agency as soon as reasonably possible thereafter, in the manner set forth within this section.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 687.6

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register February 15, 2023/Volume XLIV, Issue 07, eff. 2/15/2023