N.Y. Comp. Codes R. & Regs. tit. 14 § 810.13

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

Section 810.13 - Certification

(a)Standard certification.

An initial or amended operating certificate shall be issued by the office upon approval of an application through either a full or administrative review process, in accordance with section 810.8 or 810.9 of this Part, as applicable.

(b)Temporary certification.

(1) Emergency certification.

(i) Whenever deemed necessary, the commissioner may issue an emergency operating certificate to a certified provider to continue services in the event of a threat or imminent threat of a catastrophic or emergency loss of available services.

(ii) The provider of services must demonstrate to the office that it meets the requirements of paragraph (3) of this subdivision. The commissioner may require any additional information necessary to assure the safe and efficient operation of the facility.

(iii) An emergency operating certificate to provide services shall be effective upon issuance, for a period established by the commissioner, but not to exceed 120 days.

(iv) The commissioner may extend the emergency authorization to provide services for one additional period not to exceed 120 days.

(2) Conditional certification.

(i) Prior to the issuance or renewal of an operating certificate, a conditional operating certificate may be issued which requires the provider to meet specified conditions in order to maintain its authorization to provide services, and may carry with it a fine or penalty imposed by the office.

(ii) A conditional operating certificate to provide services shall be effective upon issuance, for a period established by the commissioner.

(3) Provisional certification.

(i) A provisional operating certificate will be issued upon approval of the application for authorization to provide services.

(ii) A provisional operating certificate to provide services shall be effective upon issuance, for a period established by the commissioner.

(4) Approval and issuance of temporary operating certificates. Prior to the issuance of any temporary operating certificate in accordance with this subdivision, the office may require that a provider demonstrate the following:

(i) that sufficient levels of staff are employed to effectively support the services to be provided;

(ii) that services will be provided in a safe and efficient manner;

(iii) that, upon inspection, the physical plant and space meets office regulations and standards;

(iv) that financial resources are available to meet operating expenses; and

(v) any other information necessary to assure the safe and efficient operation of the facility.

(5) The provider of services shall acknowledge that it understands the temporary nature of the emergency or conditional operating certificate to provide services and that such certification confers no right to an operating certificate.

(c)Additional locations.

(1) A certified provider of outpatient addiction services may operate at one or more additional locations with the approval of the commissioner.

(2) For purposes of this section, an additional location is a place open to the public for the provision of addiction outpatient services which is dependent upon and subordinate to the main location of the provider of services for operation, administration and supervisory activities.

(3) The provider of service shall apply for the additional location approval by completing an application prescribed by the commissioner, clearly indicating the characteristics of the space, the schedule of services, the staffing, demonstrating an involvement or engagement with the community and other relevant information. Each such additional location shall be considered for approval by the commissioner where the provider of services shows a clear need for access to outpatient services at the site proposed as well as a financial and programmatic ability to provide the service.

(4) Each additional location shall have adequate space to allow for the type and volume of services planned at the location. Unless impractical, patient evaluation and medical services shall also be conducted by professional staff of the main location.

(5) There shall be sufficient staffing, including an appropriate number of qualified health professionals as defined in this title, to provide the proposed type and volume of services during the hours the location is open. Procedures shall be established to insure that utilization review and case supervision shall be conducted by professional staff of the main location.

(6) Policies and procedures shall be developed which describe the subordinate relationship of the additional location to the main location, ensure that all operating regulations are met, and ensure that each person served primarily at an additional location has access to, as needed, the same character and quality of service available to persons served at any other location.

(7) The application shall be reviewed in accordance with section 810.9 of this Part.

(8) If the Office proposes to limit approval of an application for an additional location, or if there has been an adverse recommendation of the local governmental unit, the Office shall offer the applicant an opportunity to submit the application for full review in accordance with section 810.8 of this Part. If either the applicant or the local governmental unit objects to the Office's recommendation to either limit approval of the application, or submit the application for full review, either the applicant or the local governmental unit may request an administrative appeal in accordance with Part 831 of the Title.

(9)Opioid Treatment Programs.

Medication units established as an additional location of an Opioid Treatment Program certified pursuant to Part 822 of this Title, whether mobile, stand alone or integrated within another certified program, shall be required to meet all applicable federal rules, regulations and any guidance issued by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 810.13

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register August 2, 2023/Volume XLV, Issue 31, eff. 8/2/2023