Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any operating
certificate may, on written notice to the provider of services, be suspended,
revoked or limited at any time for any of the following reasons:
(1) the provider of services, or anyone on
its behalf, has procured any approval or certification through fraud or
deceit;
(2) the Office, or any
other State agency, has revoked any other approval, authorization or
certificate issued to the provider;
(3) any principal of the provider of services
has been convicted in a court of competent jurisdiction, either within or
without the State, of a felony, or has been convicted of an act in another
state that would be a felony in New York State;
(4) the provider of services has failed to
report any important change in the information about a project as required by
section 810.7(e) of this
Part;
(5) the provider of services
has failed to operate in accordance with the representations made in its
application;
(6) the provider of
services has failed to comply with any terms and conditions established by the
Commissioner on which any operating certificate was issued;
(7) the provider of services has failed to
operate in compliance with any applicable law, rule or regulation or any
combination thereof; and/or
(8) the
provider ceases to provide, or fails to commence, the services that it is
authorized to provide.
(b) If an inspection of the provider of
services, made pursuant to section
810.14(b) of this
Part, identifies that a provider of service is not in compliance with any of
the rules, regulations, policies, procedures and requirements of the Office, a
written notification of the deficiencies identified shall be delivered to the
provider.
(1) The provider of services shall
respond to the notification of deficiencies within stipulated time frames. The
provider of services' response must include a plan for the correction of the
noted deficiencies or an explanation, deemed satisfactory to the Office, of the
reason for any deviations from the requirements of the Office.
(2) If the provider of services fails to
correct deficiencies or fails to provide reasonable justification for its
failure to take action, the Commissioner may impose sanctions on or require
other corrective measures by the provider. Sanctions may include suspension,
revocation, or limitation of the operating certificate, or the levying of a
civil fine in accordance with the Mental Hygiene Law.
(3) The imposition of any sanction shall be
effected by the delivery of a notice, clearly stating the sanction imposed and
the violation(s) for which the sanction is imposed, to the provider of
services.
(c) If there
are reasonable grounds to believe that continued operation presents an
immediate danger to the health and welfare of the public or any person
receiving services, the Commissioner may, upon written notice to a provider of
services, immediately suspend an operating certificate or an emergency or
conditional operating certificate for up to 30 days.
(d) A provider of services may request an
opportunity for a hearing regarding any suspension, revocation or limitation,
pursuant to Part 831 of this Title. If the time period for requesting a hearing
has expired, or, after the hearing has been held based on the findings of such
hearing, the commissioner may impose any of the following penalties:
(1) revocation of the operating
certificate;
(2) suspension of the
operating certificate, during which period of suspension the provider must
discontinue operation of the addiction services; or
(3) limitation of the operating certificate
to temporarily or permanently prohibit the provider of services from operating
certain identified programs or services, reducing the number of beds,
restricting the number or types of patients served or other limitation
determined appropriate by the Commissioner; and/or
(4) in addition to or in lieu of any
suspension, revocation or other terms and conditions imposed by the
commissioner, imposition of a fine of up to $1,000 for each separate incident
of failure to comply with a requirement of law, rule, regulation or condition
of certification: or, up to $1,000 for each day of a continuing failure to
comply with any such requirement.
(e) Appointment of a Temporary Operator.
(1) The Commissioner may appoint a Temporary
Operator when:
(i) a program voluntarily
requests the appointment of a Temporary Operator
(ii) the program is seeking extraordinary
financial assistance;
(iii) the
office collected data indicates that the program is experiencing serious
financial instability issues;
(iv)
the office collected data indicates that the program's board of directors or
administration are unable or unwilling to ensure the proper operation of the
program; or
(v) the office
collected data indicates there are conditions that seriously endanger or
jeopardize continued access to necessary addiction treatment services within
the community.
(2) The
appointment of a Temporary Operator shall be effectuated pursuant to §
32.20 of the Mental Hygiene Law
and for a Mandatory Temporary Operator notice shall be given to the program via
registered or certified mail and shall include a detailed description of the
findings underlying the intention to appoint a Temporary Operator, along with
the date and time of a required meeting with the Commissioner or their designee
within ten (10) business days of the receipt of such notice. At such meeting,
the established operator shall have the opportunity to review all relevant
findings, and shall attempt to develop a mutually satisfactory plan of
correction and schedule for implementation.
(3) In the event that the Commissioner and
the program are unable to establish such plan of correction, or should the
program fail to respond to the initial notification, there shall be an
administrative hearing on the Commissioner's determination to appoint a
temporary operator to begin no later than thirty (30) days from the date of the
notice to the program. If the decision to appoint a Temporary Operator is
upheld, the Temporary Operator shall be appointed as soon as is practicable and
shall operate the program pursuant to §
32.20.
