New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 813 - Financial Assistance for Capital Improvement Projects
Section 813.5 - Requirements for a State Aid Grant or Letter of Understanding and Intent
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 813.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Site control.
(1) Prior to receiving funds an applicant
must have, or be under contract to have, a fee simple or such other estate or
interest in the site, including necessary easements and rights of way,
sufficient to assure for a period of years, as such period may be determined by
the Office, undisturbed use and possession of the facility. The nature and
extent of an applicant's present or anticipated property rights in the site
must be established, based upon the type of interest, by:
(i) a survey of the site; the surveyor's
metes and bounds property description; and
(ii) a policy of title insurance;
or
(iii) a lease sufficient to
secure the property for use as a treatment facility for a term approved by the
Office.
(2) Property
rights must be demonstrated to the satisfaction of the Office which may require
a provider's counsel opinion letter certifying that the property interest is of
sufficient quality and for the requisite duration and containing citations to
supporting documentation upon which the legal opinion was based.
(3) At the discretion of the commissioner,
limited state aid may be granted to an applicant who has not secured a property
interest in the site, provided the applicant can demonstrate the required title
characteristics pursuant to this subdivision.
(b) Application.
(1) A certificate of need application must be
submitted as appropriate and determined by the Office.
(2) A completed application must be submitted
in the format and on forms prescribed by the commissioner, such application to
include at a minimum:
(i) copies of existing
contracts and any other materials requested by the Office relating to the
acquisition, construction, renovation and operation of the proposed
facility;
(ii) assurance that
sufficient funds will be available to the applicant to enable the applicant to
meet any non-state-aid share of capital costs;
(iii) assurance that sufficient funds will be
available when the capital portion of the project is completed for effective
use of the facility for the purposes for which the state aid grant has been
provided;
(iv) if the applicant is
a certified provider or proposed incorporator of a provider, there must be an
agreement between the applicant and the local governmental unit pursuant to
section article 41 of the Mental Hygiene Law, including LGU certification that
the project is consistent with its plan for the provision of services to those
suffering from addictive disorders and their families and/or significant
others;
(c) Repayment. State aid grants received by an applicant must be repaid if and when the applicant receives a DASNY loan pursuant to section 813.6 of this Part. Such repayment shall be intended only for that portion of a grant represented by underlying costs for which the DASNY loan is made.
(d) Accountability.
(1) Discrete records and accounts shall be
maintained to show receipt and disbursement of federal, local or other funds,
costs incurred and expenditures paid with regard to said project. OASAS, or its
agent, shall have the right to inspect and audit the project records at any
time during the project or after its completion.
(2) The Office or its designee shall have the
right to inspect the physical site of any facility benefitting from a state aid
grant.
(3) The applicant must agree
to execute and record any lien on a security interest with respect to real
and/or personal property as may be required by the commissioner.
(4) Upon completion of a capital project, if
requested, the provider shall submit to the Office, in a form prescribed by the
Office, a certified cost statement reconciling all costs incurred, revenues
received and expenses paid with regard to the project.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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