N.Y. Comp. Codes R. & Regs. Tit. 10 § 1007.13 - Contracts

(a) In the event that an operator of a medical respite program contracts with a separate independent entity to perform any of its operations, the following conditions shall apply:

(1) The contractor shall demonstrate to the satisfaction of the operator that the contractor is financially stable and able, by reason of past performance or like qualification, to perform the duties delegated by the operator.

(2) If required, the contractor shall be certified by any appropriate local or State agency or unit of government, and shall comply with said regulations. Documentation of such certification and compliance shall be provided to the operator and shall be available for inspection by the department.

(3) The operator shall remain responsible for oversight of any functions delegated to the contractor, the contractor's compliance with all applicable laws and regulations, and the operation of the facility regardless of the existence of any contract.

(4) The contract shall:

(i) be in writing, dated and signed by all parties;

(ii) adhere to all legal requirements under the Not-For-Profit Corporation Law;

(iii) include each party's responsibilities and functions;

(iv) include all financial arrangements and charges, which shall be consistent with fair market value;

(v) specify those powers and duties delegated to the contractor by the operator;

(vi) specify that the powers and duties not delegated to the contractor remain with the operator;

(vii) provide that the operator retains the authority to discharge any person working in the facility;

(viii) state the terms by which the contractor may hire and discharge persons working in the facility or for the medical respite program;

(ix) require the contractor to comply with all applicable provisions of law and regulations;

(x) require the contractor to provide all information required by the department, and to cooperate with the department in carrying out inspection and enforcement activities;

(xi) state that in the event the contractor proposes to subcontract any delegated functions, the subcontractor must be a signatory to the agreement between the operator and the contractor, which must expressly provide for the subcontracting of delegated functions; and that the subcontractor may be terminated by the contractor or the operator;

(xii) stipulate that the operator, notwithstanding any other provisions of the contract, remains responsible for operation of the medical respite program in compliance with applicable laws and regulations; and

(xiii) specify the terms of the contract and the provisions governing renewal and termination prior to expiration.

(5) A copy of each contract shall be retained on file by the operator and shall be available for inspection.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 10 § 1007.13

Adopted New York State Register January 31, 2024/Volume XLVI, Issue 5, eff. 1/31/2024