§ 460-b. Operating certificate.
1.No facility subject to\ninspection and supervision by the department, except a facility operated\nby a state department or agency, or a facility which pursuant to law is\nlicensed or certified to operate by a state department or agency or by\nan authorized agency as such term is defined in section three hundred\nseventy-one of this chapter, shall be operated unless it shall possess a\nvalid operating certificate issued pursuant to this article by the\ndepartment, which certificate shall specify who the operator of the\nfacility shall be, the kind or kinds of care and services such facility\nis authorized to provide, the capacity of the facility, the location of\nthe facility and, except in the case of a facility operated by an\nauthorized agency as
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§ 460-b. Operating certificate. 1. No facility subject to\ninspection and supervision by the department, except a facility operated\nby a state department or agency, or a facility which pursuant to law is\nlicensed or certified to operate by a state department or agency or by\nan authorized agency as such term is defined in section three hundred\nseventy-one of this chapter, shall be operated unless it shall possess a\nvalid operating certificate issued pursuant to this article by the\ndepartment, which certificate shall specify who the operator of the\nfacility shall be, the kind or kinds of care and services such facility\nis authorized to provide, the capacity of the facility, the location of\nthe facility and, except in the case of a facility operated by an\nauthorized agency as such term is defined in paragraph (a) of\nsubdivision ten of section three hundred seventy-one of this chapter,\nthe duration of the period of its validity. The department shall by\nregulation specify the manner in which the public shall be given notice\nof the existence of such operating certificate.\n 2. Application for an operating certificate pursuant to this article\nshall be made upon forms prescribed by the department and in accordance\nwith procedures established by regulations of the department. The\napplication shall contain the name of the facility, the kind or kinds of\ncare and services to be provided, the location and physical description\nof the facility, and such other information as the department may\nrequire. The application shall be approved and an operating certificate\nshall be issued when it is established to the satisfaction of the\ndepartment that the facility meets, and will be operated in accordance\nwith, the requirements of this article, the regulations of the\ndepartment and all other applicable provisions of law including\nrequirements as to the premises, equipment, personnel, care and\nservices, rules, by-laws and administrative practices.\n 3. Each facility required to obtain an operating certificate pursuant\nto this section shall be required, as a condition of qualifying for or\nremaining qualified for such certificate, to demonstrate to the\nsatisfaction of the department that it has taken all reasonable steps to\nassure that residents entitled to a personal allowance pursuant to\nsection one hundred thirty-one-o of this chapter have in fact received\nthe full personal benefit of such allowance, and that proper accounting\nprocedures have been complied with.\n