Document Citation: 14 NYCRR 375.4

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER X. ALCOHOLISM
PART 375. OPERATION OF COMMUNITY RESIDENCES FOR ALCOHOLISM

Date:
08/31/2009

Document:

§ 375.4 Operating requirements

(a) A community residence may be operated under voluntary, proprietary, or public auspices. No community residence may be operated without the prior approval and certification of the Commissioner of the Office of Alcoholism and Substance Abuse Services pursuant to Part 366 of this Title.

(b) Except as provided below, no community residence shall exceed 24 beds unless it was in operation as of July 1, 1976 and has been issued a valid operating certificate authorizing a greater number of beds.

(1) A supportive living facility may exceed 24 beds if no living unit exceeds 6 beds.

(2) A community residence of more than 24 beds as provided above shall organize and operate in ways which encourage maximum autonomy of groups of residents, staff and space of no more than 24 beds.

(c) The current operating certificate need not be displayed in the community residence but shall be shown to anyone requesting to see it.

(d) The certified capacity of the community residence shall not be exceeded at any time.

(e) The certificate holder shall request, in writing, the prior approval of the office for any of the following:

(1) the initiation of major changes in the program of the community residence, including but not limited to changes in the criteria for admission or discharge of residents;

(2) any change in the resident capacity of the facility; or

(3) a change in the type of community residence operated.

(f) The certificate holder shall notify the Office of any intention to terminate voluntarily the operation of a community residence.

(1) This notice of intention to terminate voluntarily shall include a statement of the actions which will be taken to assure appropriate referral of persons in residence, preserve the confidentiality of records, and to settle financial accounts according to preexisting individual agreements.

(2) This notice shall be submitted to the Office at least 60 days prior to termination of operation.

(g) Catastrophic termination of operation.

(1) If through catastrophe such as, but not limited to, fire, flood or earthquake, a community residence is unable to operate, the governing body shall be responsible for providing emergency accommodations and continuing support to all residents until such time as the community residence can be made habitable or alternate stable living accommodations can be found.

(2) The Office shall be notified immediately of the occurrence of any catastrophe.