N.Y. Comp. Codes R. & Regs. tit. 14 § 619.3

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

Section 619.3 - General Provisions

(a) An agency must apply for an operating certificate in the form and format specified by OPWDD.

(b) All operating certificate holders must comply with applicable regulations in this Title.

(c) The issuance of the initial operating certificate and sub sequent recertification for all classes of operating certificates will be based on a certification process conducted by OPWDD in the form and format specified by OPWDD. This process supersedes the certification process identified in subdivisions 633.2(c); 633.99(bx) and (cp); 635-1.2(g); 635-99(bo) and (cb); 671.1(d); 671.99(g) and (h); 679.1(d); 681.99(d) and (f); 686.2(e); 686.99(ad) and (ah); and 690.1(e) of this Title.

(d) The initial certification and amendments to all classes of operating certificates, except those services enumerated in paragraph ten of subdivision d of section 619.2 of this Part that were certified effective July 2, 2020, must be in accordance with certification of need and terms of approval requirements in Part 620 of this title. Beginning July 3, 2020, initial certification of those exempt services and amendments to those services, must comply with certification of need and terms of approval requirements in Part 620 of this title.

(e) An operating certificate may be issued for a period of up to three years; however, OPWDD reserves the right to issue an operating certificate for a shorter period of time.

(f) One operating certificate may be issued for two or more facilities in the same program class.

(g) The certification or recertification of facilities and/or services may be contingent on the receipt of an acceptable plan of corrective action in a form and format specified by OPWDD.

(h) An operating certificate may be revoked, suspended, or limited upon OPWDD's determination that the holder of the certificate has failed to comply with the terms of its operating certificate. The operating certificate holder may appeal such determination pursuant to section 16.17 of the Mental Hygiene Law.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 619.3

Adopted New York State Register October 18, 2017/Volume XXXIX, Issue 42, eff. 10/18/2017

Amended New York State Register October 21, 2020/Volume XLII, Issue 42, eff. 10/21/2020