N.Y. Comp. Codes R. & Regs. Tit. 14 § 687.5 - Suspension, revocation or limitation of an operating certificate
(a) The
commissioner may revoke, suspend or limit an operating certificate or impose
penalties upon a determination that the family care provider named on the
certificate has failed to comply with the terms of the operating certificate or
with the provisions of any applicable statute, rule or regulation. The family
care provider shall be given notice and an opportunity to be heard pursuant to
section 16.17 of the Mental Hygiene Law and
applicable regulations of the commissioner prior to any such
determination.
(b) A certificate
may be temporarily suspended or limited without a hearing for a period not in
excess of 60 days upon written notice to the family care provider following a
finding by OPWDD that an individual's health or safety is in imminent danger or
there exists any condition or practice or a continuing pattern of conditions or
practices which poses imminent danger to the health or safety of any
individual. Upon such finding and notice, the power of the commissioner to
temporarily suspend or limit an operating certificate shall include, but shall
not be limited to:
(1) prohibit or limit the
placement of new individuals in the family care home;
(2) remove or cause to be removed some or all
of the individuals in the family care home; or
(3) suspend or limit or cause to be suspended
or limited the payment of any governmental funds to the family care home,
provided that such action shall not in any way jeopardize the health, safety
and welfare of any individual residing in the family care home.
(c) At any time subsequent to the
suspension or limitation of any operating certificate where said suspension or
limitation is the result of correctable physical plant or program deficiencies,
the family care provider may request OPWDD to reinspect the family care home to
redetermine whether a specific condition or practice continues to exist.
(1) Within 10 days of the receipt of such a
request, OPWDD shall reinspect the family care home to redetermine whether a
specific condition or practice continues to exist.
(2) In the event that the previously found
condition or practice has been eliminated, the suspension or limitation shall
be withdrawn.
(3) If the condition
or practice has not been eliminated, OPWDD shall not thereafter be required to
reinspect the family care home during the emergency period of suspension or
limitation.
(d) During
the 60-day suspension or limitation period provided for in subdivision (b) of
this section, the commissioner shall determine whether to reinstate or remove
the limitations on the provider's operating certificate, or to revoke, suspend
or limit the operating certificate. Should the commissioner choose to revoke,
suspend or limit the operating certificate, then the emergency suspension or
limitation provided for shall remain in effect pending the outcome of an
administrative hearing on the revocation, suspension or limitation.
(e) The family care provider, within 10 days
of the date when the emergency suspension or limitation pursuant to subdivision
(b) of this section is first imposed or within 10 days of the date of receipt
of notice from the commissioner to revoke or limit the provider's operating
certificate, may request an evidentiary hearing to contest the validity of the
emergency suspension or limitation. Such an evidentiary hearing shall commence
within 10 days of the family care provider's request and no request for an
adjournment shall be granted without the concurrence of the family care
provider, the commissioner and the hearing officer. The evidentiary hearing
shall be limited to those violations of Federal and State law and regulations
that gave rise initially to the emergency suspension or limitation. Should the
commissioner decide to revoke, suspend or limit the facility's operating
certificate, no administrative hearing on that action shall commence prior to
the conclusion of the evidentiary hearing, the rendering of the hearing
officer's report and the commissioner's final review and determination
concerning the emergency suspension or limitation. The commissioner shall issue
a ruling within 10 days after the receipt of the hearing officer's
report.
(f) The commissioner may
impose a fine upon a finding that the holder of the certificate has failed to
comply with the terms of the operating certificate or with the provisions of
any applicable statute, rule or regulation. The maximum amount of fine shall be
$1,000 per day or $15,000 per violation. Such penalty may be recovered by an
action brought by the commissioner in any court of competent jurisdiction. Such
penalty may be released or compromised by the commissioner before the matter
has been referred to the Attorney General. Any such penalty may be released or
compromised, and any action commenced to recover the same may be settled or
discontinued by the Attorney General with the consent of the
commissioner.
(g) Any notice of
suspension, revocation, or limitation of an operating certificate, or notice of
intent to take such action, must also be addressed and sent to the executive
director of an agency sponsored family care program.
Notes
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No prior version found.