N.Y. Public Health Law § 2999-gg: Voluntary foster care agency health facilities

§ 2999-gg. Voluntary foster care agency health facilities. 1. In order

for an authorized agency that is approved by the office of children and

family services to care for or board out children, to provide limited

health-related services as defined in regulations of the department

either directly or indirectly through a contract arrangement, such

agency shall obtain, in accordance with a schedule developed by the

department in conjunction with the office of children and family

services, a license issued by the commissioner in conjunction with the

office of children and family services to provide such services. Such

schedule shall require that all such authorized agencies operating on

January first, two thousand nineteen obtain the license required by this

section no later than January first, two thousand nineteen. Such

licenses shall be issued in accordance with the standards set forth in

this article and the regulations of the department which shall, at a

minimum, specify: mandated health services, which shall include, but not

be limited to, nursing and behavioral health services; general physical

environment requirements; minimum health and safety procedures; record

management requirements; quality management activities; and managed care

liaison, fiscal and billing activities. In determining the criteria for

licensure, regulations shall take into account the size and type of each

program, and shall be reasonably related to the provision of medical

services. Provided however, that a license pursuant to this section

shall not be required if such authorized agency is otherwise authorized

to provide the required limited-health-related services to foster

children under a license issued pursuant to article twenty-eight of this

chapter or article thirty-one of the mental hygiene law. For the

purposes of this section, the term authorized agency shall be an

authorized agency as defined in paragraph (a) of subdivision ten of

section three hundred seventy-one of the social services law.

2. Such license shall not be issued unless it is determined that the

equipment, personnel, rules, standards of care and services are fit and

adequate, and that the health-related services will be provided in the

manner required by this article and the rules and regulations

thereunder.

3. The commissioner and the commissioner of the office of children and

family services shall enter into a memorandum of agreement for the

purposes of administering the requirements of this section.

4. Proceedings involving the issuance of licenses for health-related

services to authorized agencies:

(a) A license for health-related services under this article may be

revoked, suspended, limited, annulled or denied by the commissioner, in

consultation with the office of children and family services, if an

authorized agency is determined to have failed to comply with the

provisions of this article or the rules and regulations promulgated

thereunder. No action taken against a license under this subdivision

shall affect an authorized agency's license to care for or board

children unless the commissioner of the office of children and family

services determines, pursuant to the regulations of such office, that

the existing circumstances make it necessary to limit, suspend or revoke

the authority of the authorized agency to care for or board children.

(b) No such license shall be revoked, suspended, limited, annulled or

denied without a hearing. However, a license may be temporarily

suspended or limited without a hearing for a period not in excess of

thirty days upon written notice that the continuation of health-related

services places the public health or safety of the recipients in

imminent danger.

(c) The commissioner shall fix a time and place for the hearing. A

copy of the charges, together with the notice of the time and place of

the hearing, shall be served in person or mailed by registered or

certified mail to the authorized agency at least twenty-one days before

the date fixed for the hearing. The authorized agency shall file with

the department not less than eight days prior to the hearing, a written

answer to the charges.

(d) All orders or determinations hereunder shall be subject to review

as provided in article seventy-eight of the civil practice law and

rules. Application for such review must be made within sixty days after

service in person or by registered or certified mail of a copy of the

order or determination upon the applicant or agency.