31.03 - Operating certificates for family care homes.

§ 31.03 Operating certificates for family care homes.    (a)  No  provider  of  services  as  a  family  care home for mentally  disabled persons shall engage in any such activities on or  after  April  first,  nineteen hundred seventy-seven, unless it possesses an operating  certificate issued by the commissioner pursuant to this article.    (b) The operation of  a  family  care  home  for  which  an  operating  certificate  is  required  shall  be in accordance with the terms of the  operating certificate and the regulations of the commissioner.    (c) The operating certificate issued for a family care home  shall  be  valid  for two years. There shall be no initial or renewal certification  fee required.    (d) Application for the operating certificate shall  be  made  by  the  owner of the family care home. The application shall be made in writing,  be  verified  under  oath, shall state the name and address of the owner  and shall be in such form and contain such information  as  required  by  regulations promulgated by the commissioner pursuant to this article.    (e)  Notice of an application for an operating certificate as a family  care home shall be forwarded by the department to the appropriate  local  governmental  unit  pursuant  to the provisions of section 31.23 of this  chapter, to the directors of department facilities and to  the  regional  director in the area proposed to be served.    (f)  Except  as otherwise provided in subdivision (g) of this section,  the commissioner shall not be required to approve an application for  an  initial  operating  certificate as a family care home unless he shall be  satisfied that it would be  in  the  public  interest  to  approve  such  certificate in consideration of the public need for the home in the area  proposed  to  be  served,  availability  of  adequate  finances  for the  establishment and continued operation of the home and such other factors  as may be pertinent.    (g) If any person is in bona fide operation as a family care  home  on  April first, nineteen hundred seventy-six, within the local governmental  unit for which application for an operating certificate is made pursuant  to  the provisions of this section, and has so operated since that time,  the  commissioner  shall  issue  such  operating   certificate   without  requiring  proof  that there is a public need for such family care home,  providing application for such operating certificate to  the  department  in  accordance  with  this  article  is  submitted prior to April first,  nineteen hundred seventy-seven. Pending the determination  of  any  such  application  the  continuance  of  such  operation  shall  be lawful. An  application pursuant to this section shall  be  deemed  filed  with  the  department  upon  being  mailed  to  the  department  by  registered  or  certified mail.    (h) In order more effectively to assure that the life, health,  safety  and comfort of persons cared for in family care homes will be adequately  protected  and  promoted and that such persons will receive the kind and  quality of care, supervision and attention required by reason  of  their  condition:    (1)  Operating certificates for family care homes shall be issued only  to natural persons, and corporations for  profit  shall  not  be  formed  under the business corporation law for any such purpose.    (2)  Except  as provided in paragraph three, no family care home shall  be issued an operating certificate for the purpose of providing suitable  care therein to more than six persons.    (3) Any provider of service providing family care  to  more  than  six  persons  on July first, nineteen hundred seventy-five shall be issued an  operating certificate for a family  care  home  effective  April  first,  nineteen  hundred  seventy-seven,  pursuant  to  the  provisions of this  section, provided that such person fulfills  all  requirements  of  thissection  except  for the number of persons in care, and that such person  agrees to provide family care to no more than ten persons on  and  after  April first, nineteen hundred seventy-seven.    (4)  No  operating  certificate  issued  under  this  section shall be  transferable.    (5) The commissioner shall promulgate  and  distribute  a  caretaker's  manual  for  the  operation  of  family  care  homes, and any amendments  thereto, and regulations pursuant to this section.    (6) The department shall investigate the financial  condition,  income  and good moral character of every applicant for an operating certificate  under this section.    (7)  The department shall provide substitute caretakers to each family  care home for a maximum of ten days per year, either directly  or  as  a  purchase of service.    (8)  The  commissioner  shall  establish  a  procedure, subject to the  approval of the state comptroller,  whereby  payments  may  be  made  to  operators of family care homes for one or more of the following needs of  clients  residing  in  such  facilities,  limited  to two hundred ninety  dollars per client  per  year  and  paid  semi-annually  in  the  manner  specified by such procedures:    (i) Replacement of necessary clothing;    (ii) Personal requirements and incidental needs of clients;    (iii)  Recreational  and cultural activities of clients. Such payments  may be made from monies appropriated to the offices  for  this  purpose.  Such  payments shall be audited by each office pursuant to an audit plan  approved by the comptroller.