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This entry was published on 2017-04-28
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SECTION 2999-GG
Voluntary foster care agency health facilities
Public Health (PBH) CHAPTER 45, ARTICLE 29-I
§ 2999-gg. Voluntary foster care agency health facilities. 1. In order
for an authorized agency that is approved by the office of children and
family services to care for or board out children, to provide limited
health-related services as defined in regulations of the department
either directly or indirectly through a contract arrangement, such
agency shall obtain, in accordance with a schedule developed by the
department in conjunction with the office of children and family
services, a license issued by the commissioner in conjunction with the
office of children and family services to provide such services. Such
schedule shall require that all such authorized agencies operating on
January first, two thousand nineteen obtain the license required by this
section no later than January first, two thousand nineteen. Such
licenses shall be issued in accordance with the standards set forth in
this article and the regulations of the department which shall, at a
minimum, specify: mandated health services, which shall include, but not
be limited to, nursing and behavioral health services; general physical
environment requirements; minimum health and safety procedures; record
management requirements; quality management activities; and managed care
liaison, fiscal and billing activities. In determining the criteria for
licensure, regulations shall take into account the size and type of each
program, and shall be reasonably related to the provision of medical
services. Provided however, that a license pursuant to this section
shall not be required if such authorized agency is otherwise authorized
to provide the required limited-health-related services to foster
children under a license issued pursuant to article twenty-eight of this
chapter or article thirty-one of the mental hygiene law. For the
purposes of this section, the term authorized agency shall be an
authorized agency as defined in paragraph (a) of subdivision ten of
section three hundred seventy-one of the social services law.

2. Such license shall not be issued unless it is determined that the
equipment, personnel, rules, standards of care and services are fit and
adequate, and that the health-related services will be provided in the
manner required by this article and the rules and regulations
thereunder.

3. The commissioner and the commissioner of the office of children and
family services shall enter into a memorandum of agreement for the
purposes of administering the requirements of this section.

4. Proceedings involving the issuance of licenses for health-related
services to authorized agencies:

(a) A license for health-related services under this article may be
revoked, suspended, limited, annulled or denied by the commissioner, in
consultation with the office of children and family services, if an
authorized agency is determined to have failed to comply with the
provisions of this article or the rules and regulations promulgated
thereunder. No action taken against a license under this subdivision
shall affect an authorized agency's license to care for or board
children unless the commissioner of the office of children and family
services determines, pursuant to the regulations of such office, that
the existing circumstances make it necessary to limit, suspend or revoke
the authority of the authorized agency to care for or board children.

(b) No such license shall be revoked, suspended, limited, annulled or
denied without a hearing. However, a license may be temporarily
suspended or limited without a hearing for a period not in excess of
thirty days upon written notice that the continuation of health-related
services places the public health or safety of the recipients in
imminent danger.

(c) The commissioner shall fix a time and place for the hearing. A
copy of the charges, together with the notice of the time and place of
the hearing, shall be served in person or mailed by registered or
certified mail to the authorized agency at least twenty-one days before
the date fixed for the hearing. The authorized agency shall file with
the department not less than eight days prior to the hearing, a written
answer to the charges.

(d) All orders or determinations hereunder shall be subject to review
as provided in article seventy-eight of the civil practice law and
rules. Application for such review must be made within sixty days after
service in person or by registered or certified mail of a copy of the
order or determination upon the applicant or agency.