New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 551 - Prior Approval Review For Quality And Appropriateness
Section 551.7 - Standards for approval of projects
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 551.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A project subject to prior approval review of the Office of Mental Health shall be proposed in accordance with this Part through submission of an application as required by the Office of Mental Health. The review of the application shall base approval upon consideration of the extent to which:
(1) the members of the
board of directors, officers, owners, partners, members of limited liability
companies, and stockholders are of such character, experience, competence, and
standing in the community as to give reasonable assurance of their ability to
responsibly manage the affairs of the organization and to provide services
consistent with the needs, goals, and best interests of recipients, taking into
consideration the criminal history record of any natural person operator, if
any, obtained in accordance with Part 550 of this Title. Regulatory compliance
of existing programs and services will be taken into consideration during
review of the application;
(2) the
project is consistent with local or unified services plans for mental health
services, as applicable;
(3) there
is public need for the project at the time and place and under the
circumstances proposed;
(4) the
project is or will be linked within a system of mental health services and with
other service systems;
(5) there is
reasonable assurance that funds will be available to finance operating expenses
and to finance construction, renovation, and acquisition expenses;
(6) the facility will be safe and appropriate
for the type of project proposed;
(7) the program and services proposed are
accessible, safe, appropriate, and will comply with requirements for issuance
of an operating certificate;
(8)
the project will appropriately and competently serve, or arrange to be served,
the target population of the program in a manner which addresses individual
cultural and ethnic characteristics;
(9) there are no facilities, programs, and
services available that may serve as alternatives or substitutes for all or
part of the proposed project;
(10)
the project demonstrates appropriate and reasonable availability and use of
public funds;
(11) if a project
proposes closure or termination, the agency will ensure that recipients of
mental health services will be linked to appropriate services based on
individual need and follow-up will be provided by the applicant to confirm
linkages of recipients to services; transportation needs of current recipients
will be addressed; and recipient records and financial accounts will be
safeguarded;
(12) the project is or
will be part of a local system of mental health services;
(13) the project increases the availability
of necessary service to the poor and the medically indigent;
(14) if the project proposes to utilize a
management contract or a clinical services contract:
(i) the management or clinical services
organization and its principals, officers, and directors are of such character,
experience, competence, and standing in the community as to give reasonable
assurance of their ability to responsibly carry out the requirements of the
contract;
(ii) the provider of
services, as the holder of the operating certificate, retains sufficient
authority and responsibility to demonstrate effective control of the overall
program, including the delivery of services, the quality of services, fiscal
stability, and compliance with the requirements of OMH;
(iii) the terms and conditions of the
contract are reasonable and will not jeopardize the continued operation of the
program; and
(iv) the scope of
responsibility of the management or clinical services organization under the
contract is sufficiently limited such that the organization does not
effectively become, in the judgement of the commissioner, the provider of
services as defined in section
551.4 of
this Part.
(b) Since components of a project may progress at different rates, the review criteria of this Part shall be applied by OMH as appropriate in the application review process.
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