Title: Section 1007.3 - Certification; Operating Certificate and Inspection

Section 1007.3 Certification; Operating Certificate and Inspection

(a) Certificate of Authority

(1) The department may issue a certificate of authority if the applicant has met the requirements of article 29-J of the Public Health Law and this Part. The department shall evaluate a medical respite program application based on the information contained in and submitted with the application and any other relevant information known to the department. The department will notify an applicant if the application is incomplete and provide the applicant an opportunity to submit any additional information to complete the application. Any application that remains incomplete 90 days after receiving a request from the department for additional information may be denied.

(i) The operator of a DOH certified medical respite program will be expected to recertify every 5 years to remain compliant.  

(2) The following conditions must be satisfied in order for the Commissioner to approve an application:

(i) The applicant has filed an application for certification in such a manner and on such forms as prescribed by the department.

(ii) The application contains the name of the applicant, the location and description of the physical plant, and such other information as the department may require.

(iii) The applicant has demonstrated to the Commissioner’s satisfaction that the applicant meets the requirements set forth in article 29-J of the Public Health Law and the rules and regulations set forth in this Part.

(3) The application shall require applicants to submit documentation pertaining to the character, experience, competency and standing in the community of the proposed medical respite program’s principals which shall include proposed incorporators, directors, officers, sponsors, and individual operators or partners. This information shall include but not be limited to, demonstration to the Commissioner’s satisfaction that the applicant does not:

(i) Appear on any federal or state excluded list;

(ii) Have a record of poor performance in the results of monitoring reviews, complaint investigations, and fiscal or quality control audits performed by the department or any other governmental entity;

(iii) Appear on the Internal Revenue Service charities revocation list or have any other material deficiencies with respect to the operator’s not-for-profit status;

(iv) Have a deficiency regarding its registration status with the New York State Attorney General’s Charities Bureau, or other deficiency that would preclude it from being in good standing with any agency within the State of New York; or

(v) Appear on any other applicable federal or New York State exclusion lists.

(b) Inspections

(1) The department, whether directly or through a contractor, shall inspect each applicant for and certified medical respite program at least once a year, to ensure that the medical respite will operate, or is operating, in compliance with all applicable laws and regulations, including the regulations in this Part.