New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction
Section 620.1 - Applicability

(a) This Part supersedes 14 NYCRR Part 53 as it relates to services operated by or under the auspices of the Office for People With Developmental Disabilities (hereinafter known as OPWDD).

(b) Except as specified below, this Part applies to any individual, association, corporation or proposed corporation, or public or private agency which proposes an administrative review project (see glossary, section 620.13 of this Part) or substantial review project (see glossary) as listed in section 620.5 or 620.6 of this Part and submits an application for certification of need (see glossary) for that project.

(c) This Part shall not apply to any proposed actions by a place/entity required by article 28 of the Public Health Law to receive approval for such actions from the Commissioner of Health and/or the Public Health Council.

(d) This Part shall not apply to any place/entity for which an operating certificate is not required by article 16 of the Mental Hygiene Law.

(e) This Part shall not apply to any facility (see glossary, section 620.13 of this Part) set forth in section 13.17 of the Mental Hygiene Law, or to family care homes.

(f) This Part applies to proposed administrative review or substantial review projects which are submitted to OPWDD for approval after the effective date of this Part [December 1, 1988]. Projects submitted prior to the effective date of this Part shall be processed to decision in accordance with the criteria and procedures in effect and applicable to the project at the time of submission.