New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 512 - Personalized Recovery Oriented Services
Section 512.6 - Certification

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 512.6

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

(a) A provider of service intending to operate a PROS program must obtain an initial operating certificate issued by the office in accordance with Part 551 of this Title. Renewals of such operating certificates shall be issued for terms of up to three years.

(b) PROS programs shall be licensed as one of the following program types:

(1) comprehensive PROS:
(i) with clinical treatment; or

(ii) without clinical treatment; or

(2) limited license PROS.

(c) It is the preference of the office to establish fully-integrated comprehensive PROS programs. However, applications for limited license PROS programs may be considered in cases where there is a need for the program identified by the local governmental unit and the capacity of the provider is not sufficient to deliver a comprehensive PROS.

(d) Each PROS program shall be authorized by a discrete operating certificate. In addition, if a PROS program is operating at multiple sites, each site shall be authorized by a discrete operating certificate. For each site, the operating certificate shall specify:

(1) the program type to be operated;

(2) the location of the program;

(3) the hours of operation of the program;

(4) the program's capacity;

(5) the population to be served; and

(6) the term of the operating certificate.

(e) The initial operating certificate issued pursuant to subdivision (a) of this section shall be for a term of up to one year. The provider's capacity and monthly caseload identified in the initial operating certificate shall be expressed by a numeric range. At a time determined by the office, but not less than one year from the date of initial licensure, the capacity and monthly caseload identified in the renewal of the initial operating certificate shall be in accordance with the provider's actual capacity and monthly caseload, as determined by the office, at that time.

(1) A provider shall not exceed the monthly caseload range identified in its operating certificate unless the provider receives approval pursuant to Part 551 of this Title.

(2) A provider shall not exceed the capacity range identified in its operating certificate by more than 15 percent, on a regular or routine basis, unless the provider receives approval pursuant to Part 551 of this Title.

(f) A PROS provider may offer services identified in section 512.7(b) of this Part pursuant to an agreement with another provider. Such agreements require prior approval of the office as clinical services contracts or management contracts in accordance with Part 551 of this Title.

(g) Establishment of a new PROS site or changes to the operating certificate, other than changes in the hours of operation as described in subdivision (h) of this section, require prior approval of the office in accordance with Part 551 of this Title. Such changes include, but are not limited to, the following:

(1) changes in the physical space or location, use of additional sites, or change in the provider's capacity;

(2) termination of the program; or

(3) changes in the powers or purposes set forth in the certificate of incorporation of the provider of service.

(h) Changes in the hours of operation of a program may be made upon approval of the office, in consultation with the local governmental unit.

(i) No PROS program site shall be located within the operating space of a residential program licensed by the office.

(j) An operating certificate may be limited, suspended or revoked by the office pursuant to Part 573 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.

(k) The commissioner, in consultation with the local governmental unit, may reduce a program's capacity and monthly caseload when it is determined that such program is not providing services at a reasonable level, or is not providing reasonable access to services in accordance with section 512.7(c)(6) of this Part. Such reduced capacity and monthly caseload may be reallocated, to another provider of service certified pursuant to this Part, in accordance with Parts 551 and 573 of this Title.

(l) The provider of service shall frame and display the operating certificate within the PROS program site in a conspicuous place that is readily accessible to the public.

(m) The commissioner is authorized to make inspections and examine all records of PROS programs. Such examination may include, but is not limited to, any medical, service, financial or contractual record. The provider of service shall cooperate with the office during any such inspection or examination.

(n) 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.

(o) No renewal of an operating certificate pursuant to this Part and Part 551 of this Title shall be issued in the absence of an executed provider agreement developed in accordance with section 512.14(b) of this Part.

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