N.Y. Mental Hygiene Law § 31.03: Operating certificates for family care homes

§ 31.03 Operating certificates for family care homes.

(a) No provider of services as a family care home for mentally

disabled persons shall engage in any such activities on or after April

first, nineteen hundred seventy-seven, unless it possesses an operating

certificate issued by the commissioner pursuant to this article.

(b) The operation of a family care home for which an operating

certificate is required shall be in accordance with the terms of the

operating certificate and the regulations of the commissioner.

(c) The operating certificate issued for a family care home shall be

valid for two years. There shall be no initial or renewal certification

fee required.

(d) Application for the operating certificate shall be made by the

owner of the family care home. The application shall be made in writing,

be verified under oath, shall state the name and address of the owner

and shall be in such form and contain such information as required by

regulations promulgated by the commissioner pursuant to this article.

(e) Notice of an application for an operating certificate as a family

care home shall be forwarded by the department to the appropriate local

governmental unit pursuant to the provisions of section 31.23 of this

chapter, to the directors of department facilities and to the regional

director in the area proposed to be served.

(f) Except as otherwise provided in subdivision (g) of this section,

the commissioner shall not be required to approve an application for an

initial operating certificate as a family care home unless he shall be

satisfied that it would be in the public interest to approve such

certificate in consideration of the public need for the home in the area

proposed to be served, availability of adequate finances for the

establishment and continued operation of the home and such other factors

as may be pertinent.

(g) If any person is in bona fide operation as a family care home on

April first, nineteen hundred seventy-six, within the local governmental

unit for which application for an operating certificate is made pursuant

to the provisions of this section, and has so operated since that time,

the commissioner shall issue such operating certificate without

requiring proof that there is a public need for such family care home,

providing application for such operating certificate to the department

in accordance with this article is submitted prior to April first,

nineteen hundred seventy-seven. Pending the determination of any such

application the continuance of such operation shall be lawful. An

application pursuant to this section shall be deemed filed with the

department upon being mailed to the department by registered or

certified mail.

(h) In order more effectively to assure that the life, health, safety

and comfort of persons cared for in family care homes will be adequately

protected and promoted and that such persons will receive the kind and

quality of care, supervision and attention required by reason of their

condition:

(1) Operating certificates for family care homes shall be issued only

to natural persons, and corporations for profit shall not be formed

under the business corporation law for any such purpose.

(2) Except as provided in paragraph three, no family care home shall

be issued an operating certificate for the purpose of providing suitable

care therein to more than six persons.

(3) Any provider of service providing family care to more than six

persons on July first, nineteen hundred seventy-five shall be issued an

operating certificate for a family care home effective April first,

nineteen hundred seventy-seven, pursuant to the provisions of this

section, provided that such person fulfills all requirements of this

section except for the number of persons in care, and that such person

agrees to provide family care to no more than ten persons on and after

April first, nineteen hundred seventy-seven.

(4) No operating certificate issued under this section shall be

transferable.

(5) The commissioner shall promulgate and distribute a caretaker's

manual for the operation of family care homes, and any amendments

thereto, and regulations pursuant to this section.

(6) The department shall investigate the financial condition, income

and good moral character of every applicant for an operating certificate

under this section.

(7) The department shall provide substitute caretakers to each family

care home for a maximum of ten days per year, either directly or as a

purchase of service.

(8) The commissioner shall establish a procedure, subject to the

approval of the state comptroller, whereby payments may be made to

operators of family care homes for one or more of the following needs of

clients residing in such facilities, limited to two hundred ninety

dollars per client per year and paid semi-annually in the manner

specified by such procedures:

(i) Replacement of necessary clothing;

(ii) Personal requirements and incidental needs of clients;

(iii) Recreational and cultural activities of clients. Such payments

may be made from monies appropriated to the offices for this purpose.

Such payments shall be audited by each office pursuant to an audit plan

approved by the comptroller.