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 § 620.5
Current through Register Vol. 47, No. 12, March 26, 2025
(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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