New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 860 - Recovery Residences
Section 860.11 - Certification

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 860.11

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

(a) Recovery residences certified pursuant to this Part shall comply with the requirements of this Title, along with guidance issued by the office on establishment, incorporation, and certification, unless specifically exempted, including:

(1) applications requiring full review;

(2) applications requiring administrative review;

(3) prior consult and community board outreach;

(4) standards for approval of an application, including but not limited to:
(i) public need for recovery support service;

(ii) character and competence of applicant;

(iii) financial stability and resources;

(iv) criminal history information review;

(v) required policies and procedures;

(vi) approval of leases and lease terms, including prior approval by landlord of rented property to operate a recovery residence; and

(vii) approval of not-for-profit or business corporations, including board of directors;

(5) application forms provided by the office, along with required supplemental information and required signatures; and

(6) mandatory inspections and reviews of certified residences.

(b) Initial certification of recovery residences shall be for a period of no longer than one year and may be subsequently renewed in accordance with approval by the office.

(c) Applicants approved for certification shall not hold themselves out as a certified recovery residence until the effective date indicated on the operating certificate issued by the commissioner.

(d) Applicants shall have the opportunity to file an administrative appeal in accordance with Part 831.9 of this Title upon denial or limitation of application approval, and may submit a new or amended application and supplemental information for reconsideration.

(e) Requests for certification by recovery residences shall be in the form of a written application, which shall include the application materials identified in the Recovery Residence Standards. Such application shall be submitted to both the office's Bureau of Certification and the appropriate Regional Office serving the area in which the applicant is located. office staff may make an onsite visit to the residence prior to certifying the recovery residence.

(f) In accordance with the provisions of this Part, the office may require revisions to the policies and procedures of the recovery residence and initiation of the regulatory action as necessary and appropriate if the residence does not maintain the minimum standards for certification. Additionally, the office may, on written notice to the certified recovery residence, suspend, revoke, or limit the operating certificate if the residence does not maintain the minimum standards for certification.

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