New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services
Section 810.10 - Actions requiring prior approval
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 810.10
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The following changes and actions require prior approval by the commissioner:
(1) the
proposed incorporation of a new corporation under the Business Corporation Law
or the Not-for-Profit Corporation Law by an individual association or
partnership, previously certified by the Office, which involves no additional
owners or holders of stock or voting rights of 10 percent or more, other than
those approved for the unincorporated entity;
(2) the change in the name by which a
certified provider of services is generally known;
(3) a decrease in the capacity of a service
where capacity is identified on the operating certificate; or
(4) a reduction in the majority of owners or
principals with prior addiction services experience; or
(5) any change in ownership that would result
in non-compliance with Section
810.7(a)(6) of
this Part.
(b) Upon receipt of written notification by a provider of services requesting prior approval of the proposed actions listed under subdivision (a) of this section, the office shall, within a reasonable time (defined as fourteen (14) days for purpose of this Section) of its receipt of such notification, advise the applicant whether:
(1) the proposed action is
acceptable; or
(2) the proposed
action is acceptable, provided that certain identified additional actions are
followed in implementing the approved change or action; or
(3) additional information must be submitted
to the Office in order to make a determination; or
(4) the proposed action is not approved with
a statement of the reasons therefore and, as appropriate, identifying
acceptable alternatives to the proposed change or action.
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