Current through Register Vol. 46, No. 39, September 25, 2024
(a) Family
care providers shall provide family care services only in accordance with an
operating certificate that has been issued to such provider through its program
sponsor by the office in accordance with Part 573 of this Title, and based on
specific findings that:
(1) the family care
provider is a person or persons, age 21 or older (without regard to marital
status);
(2) the family care
provider owns, rents, or leases the subject house or apartment;
(3) only one family care home will be
operated by the family care provider, who will reside at the premises that will
be the family care home;
(4) the
family care home meets applicable building code standards, in accordance with
this Part;
(5) the family care home
is large enough to provide adequate and appropriate living accommodations for
all of the people who reside in the household, including all residents that
will be served by the family care home;
(6) the family care provider has agreed to
fulfill all conditions and obligations identified in the family care provider
application, as prescribed in section 585.4 of this Part;
(7) the commissioner has determined there is
a public need for the home in the area to be served; and
(8) the program sponsor has ensured that
family care providers and residents will have access to all necessary services,
as demonstrated through written agreements with local service
providers.
(b) Operating
certificates issued to family care providers for family care homes shall be
issued only to natural persons (individuals, not companies, agencies or
corporations).
(c) Operating
certificates will be issued for a period of up to two years to family care
homes which comply with the requirements of this Part.
(d) No operating certificate issued under
this Part shall be transferable. Operating certificates are issued to persons
who have been approved as family care providers by the office and use by any
other person is illegal.
(e) Each
operating certificate issued under this Part shall identify its certified
capacity, which shall indicate the maximum number of residents that can be
placed in the home, regardless of placement source.
(1) All boarders and renters shall count
against the established certified capacity; the family care provider must
obtain prior written approval from the program sponsor before accepting a
roomer or boarder.
(2) family care
providers must notify the program's sponsor when there is a change in the
number of persons living in the home who are not family care residents or
boarders.
(3) No family care home
shall be issued an operating certificate for a capacity of more than six
residents.
(4) The certified
capacity of a family care home shall not be exceeded at any time.
(f) The commissioner may suspend,
revoke, or limit any operating certificate in accordance with Part 573 of this
Title.
(g) Each family care
provider shall submit an application for renewal of the operating certificate
at least 60 days prior to the expiration of the current operating
certificate.
(h) Each family care
provider shall notify the office of any intention to voluntarily terminate the
operation of any family care home at least 30 days prior to
termination.
(i) Catastrophic
termination of operation.
(1) The program
sponsor and the office must be immediately notified of the occurrence of any
catastrophe that impacts the family care home (such as, but not limited to
fire, flood, earthquake or loss of lease).
(2) From the time of such catastrophe, the
family care provider and its program sponsor shall be responsible for arranging
for emergency accommodations and continuing support to all residents until such
time as the family care home can be made habitable or alternate stable living
accommodations can be found.
(3)
If, due to the catastrophe, it appears that a family care home will be unable
to operate as certified for a period of 60 days, the operating certificate will
be deemed to be null and void.
(j) The current operating certificate will be
kept in a safe place in the family care home.
(k) All operating certificates will remain
the property of the office. Expired, invalidated, revoked, or terminated
certificates shall be returned to the office.
