N.Y. Comp. Codes R. & Regs. tit. 14, § 619.2 – Classes of operating certificates.

(a) This Part supersedes the regulations on classes of operating certificates in Part 70 of this Title.
(b) For the purposes of this Part, a class means a category of facilities or services subject to issuance of an operating certificate and distinguished by the needs of individuals served, services provided, staffing, and, for facilities, the premises of the facility.
(c) For the purposes of this Part, an operating certificate means a document pertinent to the appropriate class of facility or service that conveys authorization by OPWDD of a provider of services to operate specific facilities to deliver certain services identified on or as an attachment to such document.
(d) Classes of operating certificates issued by OPWDD:
1. (1) Community residence. An OPWDD certified community residence is a residential facility that provides health and habilitation services and supervision for individuals with intellectual or developmental disabilities. Community residences include three basic types of facilities: Supervised and Supportive Community Residences (CRs) and Individualized Residential Alternatives (IRAs). (IRAs are further categorized by capacity and conversion status.)
2. (2) Individualized residential alternative/free standing respite (IRA/FSR). An OPWDD certified IRA/FSR is a residential facility that provides respite services, including health care and supervision, for individuals with intellectual or developmental disabilities. An IRA/FSR is certified to house and provide services to a certain number of individuals on a time-limited basis.
3. (3) Intermediate care facility for individuals with intellectual disabilities (ICF/IID). An ICF/IID is a residential facility that provides comprehensive care, supervision, habilitation, and treatment for individuals with intellectual and developmental disabilities, that must be operated in compliance with Federal ICF/IID regulations in 42 CFR 483 and applicable regulations of this Title. (Note: Certain ICFs/IID are certified by the State Department of Health (DOH); this Part does not apply to those ICFs/IID that are certified by DOH.)
4. (4) Private school. An OPWDD certified private school is a residential facility that provides health care, supervision, and training and/or education services for individuals with intellectual or developmental disabilities. Private schools include residential schools and integrated residential communities.
5. (5) Family care home (FCH). An OPWDD certified family care home is a private home that provides health and habilitation services to individuals with intellectual or developmental disabilities.
6. (6) Specialty hospital. An OPWDD certified specialty hospital is a facility that provides residential care and services by or under the direction of a physician to individuals with intellectual or developmental disabilities who require specialized services to address significant health care needs.
7. (7) Outpatient/non-residential facility. An OPWDD certified outpatient/non-residential facility may provide outpatient or non-residential examination, diagnosis, care, treatment, habilitation, or training services for individuals with intellectual or developmental disabilities. Outpatient/non-residential facilities include:
  1. (i) day services facilities, including but not limited to, facilities certified to provide day habilitation, day treatment, day training (including sheltered workshops), and site-based prevocational services; and
  2. (ii) article 16 clinics.
8. (8) Diagnostic and research clinic. An OPWDD certified diagnostic and research clinic is a facility that provides comprehensive behavioral and medically-related assessment and diagnostic services to individuals with intellectual or developmental disabilities, or individuals suspected of having intellectual or developmental disabilities.
9. (9) Home and community based services (HCBS). OPWDD certified HCBS waiver services include an array of supports and services, including habilitation services that enable individuals with intellectual or developmental disabilities to live and receive services in community settings as an alternative ICF placement. HCBS waiver services may be provided in certified and non-certified settings, but the HCBS waiver services and the certified facilities have separate operating certificates.
  1. (i) HCBS waiver services provided in certified facilities include but are not limited to:
    1. (a) residential habilitation services;
    2. (b) day habilitation services;
    3. (c) site-based prevocational services; and
    4. (d) respite services.
  2. (ii) HCBS waiver services provided in non-certified settings include but are not limited to:
    1. (a) day habilitation (other than facility based day habilitation);
    2. (b) community habilitation services;
    3. (c) pathway to employment;
    4. (d) community prevocational services;
    5. (e) supported employment; and
    6. (f) respite (other than facility based respite).
  3. (iii) HCBS waiver, other services and supports, include but are not limited to:
    1. (a) plan of care support services (a form of service coordination);
    2. (b) adaptive technology;
    3. (c) environmental modification;
    4. (d) fiscal intermediary (FI) services. FI services are necessary for administering self-directed services, including but not limited to the following other HCBS services and supports:
      1. (1) support brokerage;
      2. (2) community transition services;
      3. (3) individual directed goods and services; and
      4. (4) live-in caregiver.
10. (10) Services approved in a Medicaid State plan that are designated for individuals with intellectual or developmental disabilities.
  1. (i) Such Medicaid State plan services include:
    1. (a) comprehensive health home care management;
    2. (b) basic home and community based services (HCBS) plan support; and
    3. (c) crisis services for individuals with intellectual and/or developmental disabilities.