N.Y. Comp. Codes R. & Regs. tit. 14 § 599.5

Current through Register Vol. 46, No. 39, September 25, 2024

Section 599.5 - Certification

(a) A provider of service intending to operate a Mental Health Outpatient Treatment and Rehabilitative Program must obtain an initial operating certificate issued by the Office in accordance with procedures established in Part 551 of this Title. Renewals of such operating certificates shall be issued for terms of up to three years.

(b) Each Mental Health Outpatient Treatment and Rehabilitative Service program site shall be authorized by a separate operating certificate. The operating certificate shall specify for each site:

(1) the program type (Mental Health Outpatient Treatment and Rehabilitative Service program) to be operated;

(2) the location of the program;

(3) the hours of operation of the program;

(4) the population to be served;

(5) the term of the operating certificate; and

(6) any approved optional services to be provided.

(c) Each Mental Health Outpatient Treatment and Rehabilitative Service program authorized by an operating certificate pursuant to this Part shall be clearly identifiable. Each Mental Health Outpatient Treatment and Rehabilitative Service program shall have sufficient program space to provide safety, and to allow for a reasonable degree of privacy consistent with the effective delivery of services. Program space may be shared with other programs, pursuant to a plan approved by the Office. Nonprogram space, including but not limited to waiting rooms, restrooms, may be shared with other programs.

(d) Mental Health Outpatient Treatment and Rehabilitative Service programs may provide services at satellite locations.

(1) To the extent that such services are provided in a given location on a regularly and routinely scheduled basis (full or part time), such site shall be considered a satellite location and shall be in compliance with this section.

(2) In determining the regular and routine nature of services at a given site, the Office shall take into consideration the volume of services, the number of individuals receiving services, the number of staff assigned, the range of services provided, and whether the site will be utilized on a permanent or temporary basis.

(e) Satellite locations which are determined by the Office to be satellite locations of a primary program shall meet the following requirements:

(1) the satellite must be approved and certified by the Office in accordance with procedures established in Part 551 of this Title prior to operation;

(2) there shall be an explicit clinical and administrative linkage between the satellite and the primary program which includes, but is not limited to, methods of staff supervision, treatment planning, review of treatment plans, maintenance of the records of individuals receiving services and utilization review;

(3) there shall be adequate and sufficient staff to provide services at the satellite. The full range of the primary program's services must be available as clinically appropriate to individuals who utilize the satellite location, but not all services must be available at the satellite; and

(4) satellite locations must meet the physical plant requirements for program space set forth in section 599.12 of this Part.

(f) Establishment of a new program or changes to the operating certificate requires prior approval of the Office in accordance with Part 551 of this Title.

(g) Changes in the hours of operation of a program may be made upon notification to the Office and the Office's determination that the changes will not negatively affect the program, consistent with the provisions of Part 551 of this Title.

(h) An operating certificate may be limited, suspended or revoked by the Office pursuant to Part 503 of this Title. The operating certificate is the property of the Office and as such shall be returned to the Office if it should be revoked.

(i) The provider of service shall frame and display the operating certificate within the Mental Health Outpatient Treatment and Rehabilitative Service program site in a conspicuous place which is readily accessible to the public.

(j) The provider of service shall cooperate with the Office or the local governmental unit during any review or inspection of the Mental Health Outpatient Treatment and Rehabilitative Service program.

(k) The county director of community services shall be responsible for identifying specific licensed Mental Health Outpatient Treatment and Rehabilitative Service programs that may be designated by the Commissioner as specialty Mental Health Outpatient Treatment and Rehabilitative Service programs serving children in accordance with the identified need within the county.

(l) The Commissioner shall have the authority to designate and approve demonstration projects for purposes of examining innovative program and administrative configurations, regulatory flexibility and alternative funding methodologies.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 599.5

Amended New York State Register November 23, 2022/Volume XLIV, Issue 47, eff. 11/23/2022