§ 460-b. Operating certificate. 1. No facility subject to
inspection and supervision by the department, except a facility operated
by a state department or agency, or a facility which pursuant to law is
licensed or certified to operate by a state department or agency or by
an authorized agency as such term is defined in section three hundred
seventy-one of this chapter, shall be operated unless it shall possess a
valid operating certificate issued pursuant to this article by the
department, which certificate shall specify who the operator of the
facility shall be, the kind or kinds of care and services such facility
is authorized to provide, the capacity of the facility, the location of
the facility and, except in the case of a facility operated by an
authorized agency as such term is defined in paragraph (a) of
subdivision ten of section three hundred seventy-one of this chapter,
the duration of the period of its validity. The department shall by
regulation specify the manner in which the public shall be given notice
of the existence of such operating certificate.

2. Application for an operating certificate pursuant to this article
shall be made upon forms prescribed by the department and in accordance
with procedures established by regulations of the department. The
application shall contain the name of the facility, the kind or kinds of
care and services to be provided, the location and physical description
of the facility, and such other information as the department may
require. The application shall be approved and an operating certificate
shall be issued when it is established to the satisfaction of the
department that the facility meets, and will be operated in accordance
with, the requirements of this article, the regulations of the
department and all other applicable provisions of law including
requirements as to the premises, equipment, personnel, care and
services, rules, by-laws and administrative practices.

3. Each facility required to obtain an operating certificate pursuant
to this section shall be required, as a condition of qualifying for or
remaining qualified for such certificate, to demonstrate to the
satisfaction of the department that it has taken all reasonable steps to
assure that residents entitled to a personal allowance pursuant to
section one hundred thirty-one-o of this chapter have in fact received
the full personal benefit of such allowance, and that proper accounting
procedures have been complied with.