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 620.5 - Administrative review projects
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 620.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Applications for certification of need for administrative review projects shall be submitted, reviewed and approved in accordance with sections 620.7 and/or 620.9 of this Part.
(b) Administrative review projects include any of the following proposed actions:
(1) development or operation of a community
residence (see glossary, section
620.13 of
this Part);
(2) development of all
other new programs requiring an operating certificate, and whose acquisition
(see glossary), construction (see glossary), or capital expenditure for
physical plant and/or equipment/assets in support of the programs, or a
combination thereof, is estimated to be under $600,000;
(3) acquisition, construction, or capital
expenditure for physical plant and/or equipment/assets in support of an
existing program, or a combination thereof, estimated to be under $600,000 but
more than $30,000;
(4) relocation
of an existing program or part thereof:
(i)
which involves acquisition of property and/or renovation or reconstruction by
purchase costing less than $600,000; or
(ii) which involves acquisition of property
and/or renovation or reconstruction by other means which, if acquired by
purchase, would have cost less than $600,000;
(5) expansion or contraction of specific
services currently offered;
(6) any
change of ownership of a facility, program, or program site whether by
purchase, donation, merger or otherwise;
(7) an increase or decrease in certified
capacity of an existing program;
(8) an incorporation of a corporation, the
certificate of which requires the approval of the commissioner subject to the
provisions of section
620.8
of this Part;
(9) any amendment of
a certificate of incorporation of an existing corporation extending its powers
of purpose to enable it to operate a new program or facility subject to the
provisions of section
620.8
of this Part;
(10) amendment of a
certificate of incorporation which does not add or delete the power to provide
services for persons with developmental disabilities, subject to the provisions
of section
620.8
of this Part;
(11) the conversion
of a program operated exempt from article 16 of the Mental Hygiene Law to
become subject to article 16 of the Mental Hygiene Law; and
(12) the termination of an existing
program.
(c) The proposed project is included in the planning process as evidenced by inclusion in OPWDD's operational planning documents. If a proposed project is inconsistent with operational planning documents, it shall be considered to be a substantial review project.
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