New York Consolidated Laws, Mental Hygiene Law - MHY § 31.05 Issuance of an operating certificate

1. that the premises, equipment, personnel, records, and program are adequate and appropriate to provide the services for the mentally disabled which are sought to be authorized,

2. that such services will be provided in compliance with applicable law and regulations,

3. that, in the case of a community residence or residential care center for adults, residents will be evaluated upon admission and periodically thereafter to determine their need for mental health services which are not provided on site,

4. that, in the case of any community residence or residential care center for adults, adequate and appropriate aftercare services are available (i) through a department facility or (ii) within the community in which such residence is located; and

5. that, in the case of any community residence or residential care center for adults, the provider of services of such residence will assist residents in gaining access to such aftercare services.

6. [Deemed repealed July 1, 2024, pursuant to L.1989, c. 723, § 21.] that, in the case of any comprehensive psychiatric emergency program, there are services and necessary agreements, contracts or affiliations to provide crisis intervention services, crisis outreach services, crisis residence services, extended observation beds, triage and referral services as part of an approved comprehensive psychiatric emergency services plan submitted pursuant to section 31.27 of this article.

7. that an application for the establishment or operation of a facility for which an operating certificate is required by this article from the commissioner of mental health has been approved in accordance with applicable provisions of this article.