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Title: Section 761.2 - Operating certificates

Effective Date


761.2 Operating certificates.

(a) The Commissioner shall issue an operating certificate to any home care services agency qualified to participate as a home health agency under titles XVIII and XIX of the Federal Social Security Act and which agrees to participate in such programs, applying therefore, and which complies with the provisions of Article 36 of the Public Health Law and the applicable provisions of this Title. No home care services agency shall hold itself out to be a certified home health agency, long term home health care program, or AIDS home care program unless it possesses such valid operating certificate.

(b) The operating certificate shall be posted conspicuously at the principal administrative office of the agency and shall state the health care services the agency is approved to provide; the geographic service area; and for long term home health care programs, a designated patient capacity and whether the long term home health care program is authorized to provide an AIDS home care program.

(c) An operating certificate may be revoked, suspended, limited or annulled by the Commissioner according to the provisions of Article 36 of the Public Health Law on proof that the agency has failed to comply with the provisions of the statute or the rules and regulations promulgated for the establishment, approval and/or operation of such agencies.


VOLUME E (Title 10)