Section 16.23. Family care homes

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