N.Y. Comp. Codes R. & Regs. tit. 18 § 476.2

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

Section 476.2 - Terms and conditions

(a) An operating certificate shall state the name of the facility, its location, the name and address of the authorized agency, corporation, association, organization, proprietary operator or public agency, who or which operates such facility, the type of facility, and the maximum resident capacity.

(b) Except for a facility operated by an authorized agency, as such term is defined in section 371.10(a) of the Social Services Law, every operating certificate must specify the duration of its period of validity, as may be determined by the department. Such duration may be for a limited or a perpetual period of time.

(c) No facility subject to the requirements of this Article shall be operated otherwise than in accordance with the terms and conditions of its operating certificate. The operating certificate of any facility may be revoked, suspended, or limited upon a determination by the Office of Children and Family Services, after a hearing and in accordance with procedures set forth in Part 434 of this Title, that the operator has failed to comply with the requirements of Federal, State, local laws or regulations applicable to the operation of such facility or provider agency.

(d) A facility shall not discontinue operations in accordance with the terms and conditions of its operating certificate except upon notice to OCFS at least 90 days in advance of the proposed discontinuance. Such notice shall include the submission of a plan, to be approved by OCFS, for the transfer of all residents therein to other facilities or, where appropriate, to arrange for the return of such residents to their families or to another planned living arrangement with a permanency resource in the community.

(e) In accordance with written instructions from the department, an operating certificate shall be surrendered by the facility to the department upon the discontinuance of operations, upon a change in the nature of the facility, its operations or ownership, and upon the revocation or suspension of such certificate.

(f) An operating certificate shall be posted conspicuously in the facility at its stated location.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 476.2

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015