N.Y. Comp. Codes R. & Regs. tit. 14 § 551.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 551.4 - Definitions

(a) Administrative action means the classification of projects not subject to prior approval review specified in this Part.

(b) Business days are defined as days other than Saturdays, Sundays and legal holidays. In computing business days, the day that the application is received shall be day one.

(c) Capacity:

(1) For inpatient and licensed housing purposes means the total number of beds listed on a program's operating certificate;

(2) For outpatient purposes means the number of recipients who can be served onsite at a given time.

(d) Capital project means acquisition, construction, substantial renovation, or alteration of a building or property that is used, or will be used, by an existing or proposed program. A capital project does not include routine maintenance or minor repairs. A capital project includes one or more of the following:

(1) acquisition means obtaining property through purchase or donation or an interest in property through a lease;

(2) construction means erection of a new building or structural addition to an existing building;

(3) substantial renovation means all changes or rearrangements in a structural plan or architectural or mechanical component of a building made within any 12- month period whose cost exceeds 50 percent of the replacement cost of the building; and

(4) alteration means a change to a building or facility, other than a substantial renovation, that affects or could affect the fire safety or the usability of the building or facility or part thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, re-roofing, painting or wall papering, or changes to mechanical and electrical systems are not alterations unless they affect the fire safety or the usability of the building or facility.

(e) Caseload means the average number of persons actively served by a given outpatient program per month, based on the previous 12-month period.

(f) Clinical services contract means a written agreement between the governing authority of an existing or proposed provider of services and another organization separate from the provider of services for the purpose of obtaining some of the clinical services or some of the clinical staff necessary to operate the program in compliance with requirements for an operating certificate.

(g) Commissioner means the Commissioner of the New York State Office of Mental Health, or his or her designee.

(h) Comprehensive PAR review means the classification of projects subject to prior approval review that are specified in section 551.6(b) of this Part and reviewed pursuant to section 551.9(b)(1) of this Part.

(i) E-Z PAR review means the classification of projects subject to prior approval review that are specified in section 551.6(c) of this Part and reviewed pursuant to section 551.9(b)(2) of this Part.

(j) Governing authority means the provider of services as defined in subdivision (t) of this section or an entity that substantially controls or has the ability to substantially control the provider of services. For the purposes of this Part, factors used to determine whether there is substantial control shall include, but not be limited to:

(1) the right to appoint and remove directors or officers;

(2) the right to approve bylaws or articles of incorporation;

(3) the right to approve strategic or financial plans for a provider of services; or

(4) the right to approve operating or capital budgets for a provider of services.

(k) Health systems agency (HSA) means a corporation organized, approved and operating pursuant to section 2904-b of the Public Health Law.

(l) Inpatient project means a project related to a part of a hospital, as defined in article 28 of the Public Health Law or hospital licensed pursuant to article 31 of the Mental Hygiene Law, which is operated for the purpose of providing a program of 24-hour professional care and treatment to individuals diagnosed with a mental illness. This definition includes a psychiatric inpatient unit of a general hospital, a hospital for persons with mental illness, and a residential treatment facility for children and youth. This definition does not include a place where the services rendered consist solely of non-residential services or licensed housing.

(m) Licensed housing means a congregate group living, supportive apartment, service enriched single room occupancy or crisis residential program for adults, family-based treatment, teaching family home or crisis residential program for children and adolescents, which are licensed pursuant to article 31 of the Mental Hygiene Law.

(n) Local governmental unit (LGU) means the unit of local government given the authority in accordance with article 41 of the Mental Hygiene Law to provide and plan for local or unified services.

(o) Management contract means a written agreement between the governing authority of an existing or proposed provider of services and another organization separate from the provider of services for the purpose of delegating management of all, or part, of the day-to-day non-clinical operations of a program.

(p) Mental Health Services Council (MHSC) means a group of individuals appointed by the governor who advise the commissioner in matters related to mental health services in New York State, pursuant to section 7.05 of the Mental Hygiene Law.

(q) Outpatient project means a project related to a clinic treatment for adults or children, continuing day treatment, partial hospitalization, intensive psychiatric rehabilitative treatment, day treatment, comprehensive psychiatric emergency program, personalized recovery-oriented services, assertive community treatment, or other Office of Mental Health licensed non-residential program.

(r) Program means planned services for the purpose of meeting specified needs of individuals with mental illness, the operation of which requires approval and issuance of an operating certificate granted by the commissioner.

(s) Project means one or more activities or actions specified in section 551.6 of this Part which require approval of the commissioner prior to initiation, implementation, completion, operation, or issuance of an operating certificate.

(t) Provider of services means an entity, as defined pursuant to section 1.03 of the Mental Hygiene Law, which is responsible for the operation of a program or network of programs. Such entity may be an individual, partnership, association, corporation, limited liability company, or public or private agency, other than an agency, office or department of the State.

(u) Public funds means Medicaid, Medicare, or any funding appropriated pursuant to article 41 of the Mental Hygiene Law, including local assistance, State aid, community reinvestment funds, and capital funds.

(v) Satellite means a physically separate adjunct site to a certified clinic treatment program, continuing day treatment program, day treatment program serving children or intensive psychiatric rehabilitation treatment program which provides either a full or partial array of outpatient services on a regularly and routinely scheduled basis (full or part time).

(w) Sponsor means the provider of service as defined in subdivision (t) of this section or an entity that substantially controls or has the ability to substantially control the provider of services. For the purpose of this Part, factors used to determine whether there is substantial control shall include but not be limited to:

(1) the right to appoint and remove directors or officers;

(2) the right to approve bylaws or articles of incorporation;

(3) the right to approve strategic or financial plans for a provider of service; or

(4) the right to approve operating or capital budgets for a provider of services.

(x) Volume of services means the total units of service a program provides over a given period of time.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 551.4