N.Y. Social Services Law § 460-b: Operating certificate

§ 460-b. Operating certificate. 1. No facility subject to

inspection and supervision by the department, except a facility operated

by a state department or agency, or a facility which pursuant to law is

licensed or certified to operate by a state department or agency or by

an authorized agency as such term is defined in section three hundred

seventy-one of this chapter, shall be operated unless it shall possess a

valid operating certificate issued pursuant to this article by the

department, which certificate shall specify who the operator of the

facility shall be, the kind or kinds of care and services such facility

is authorized to provide, the capacity of the facility, the location of

the facility and, except in the case of a facility operated by an

authorized agency as such term is defined in paragraph (a) of

subdivision ten of section three hundred seventy-one of this chapter,

the duration of the period of its validity. The department shall by

regulation specify the manner in which the public shall be given notice

of the existence of such operating certificate.

2. Application for an operating certificate pursuant to this article

shall be made upon forms prescribed by the department and in accordance

with procedures established by regulations of the department. The

application shall contain the name of the facility, the kind or kinds of

care and services to be provided, the location and physical description

of the facility, and such other information as the department may

require. The application shall be approved and an operating certificate

shall be issued when it is established to the satisfaction of the

department that the facility meets, and will be operated in accordance

with, the requirements of this article, the regulations of the

department and all other applicable provisions of law including

requirements as to the premises, equipment, personnel, care and

services, rules, by-laws and administrative practices.

3. Each facility required to obtain an operating certificate pursuant

to this section shall be required, as a condition of qualifying for or

remaining qualified for such certificate, to demonstrate to the

satisfaction of the department that it has taken all reasonable steps to

assure that residents entitled to a personal allowance pursuant to

section one hundred thirty-one-o of this chapter have in fact received

the full personal benefit of such allowance, and that proper accounting

procedures have been complied with.