§ 16.23 Family care homes.\n (a) Family care homes shall be subject to visitation and inspection of\nthe office.\n (b) Operation of a family care home shall be in accordance with an\noperating certificate issued pursuant to section 16.05 of this article,\nsubject to the following additional requirements:\n (1) Operating certificates for family care homes shall be issued only\nto natural persons, and corporations for profit shall not be formed\nunder the business corporation law for any such purpose.\n (2) Except as provided in paragraph three of this subdivision no\nfamily care homes shall be issued an operating certificate for the\npurpose of providing suitable care therein to more than six persons.\n (3) Any provider of service providing family care to more than six\npersons on July first, nineteen hundred seventy-five shall be issued an\noperating certificate for a family care home effective April first,\nnineteen hundred seventy-seven, pursuant to the provisions of this\nsection, provided that such person fulfills all requirements of this\nsection except for the number of persons in care, and that such person\nagrees to provide family care to no more than ten persons on and after\nApril first, nineteen hundred seventy-seven.\n (c) The commissioner shall promulgate and distribute a caretaker's\nmanual for the operation of family care homes.\n (d) The office shall provide substitute caretakers to each family care\nhome for a maximum of ten days per year, either directly or as a\npurchase of service.\n (e) The commissioner shall establish a procedure, subject to the\napproval of the state comptroller, whereby payments may be made to\noperators of family care homes for one or more of the following needs of\nclients residing in such facilities, limited to two hundred ninety\ndollars per client per year and paid semi-annually in the manner\nspecified by such procedures:\n (1) Replacement of necessary clothing;\n (2) Personal requirements and incidental needs of clients;\n (3) Recreational and cultural activities of clients. Such payments may\nbe made from monies appropriated to the office for this purpose. Such\npayments shall be audited by the office pursuant to an audit plan\napproved by the comptroller.\n
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