N.Y. Comp. Codes R. & Regs. tit. 14 § 551.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 551.9 - Review of application for prior approval

(a) The Office of Mental Health shall review the application for completeness of information.

(1) For E-Z PAR applications, a completeness review will be made within three business days. The applicant shall be notified of any lack of information within five business days of receipt of the application. The applicant shall have 10 business days to provide the additional information. Failure to provide such information shall constitute withdrawal of the application.

(2) For comprehensive PAR applications, a completeness review will be made within five business days. The applicant shall be notified of any lack of information within seven business days of receipt of the application. The applicant will have 20 business days to provide the additional information. Failure to provide such information shall constitute the withdrawal of the application.

(3) If no additional information is requested, the application shall be considered as complete.

(b) Upon the receipt of a complete application, the Office of Mental Health shall notify the applicant that review has begun.

(1) For projects undergoing comprehensive PAR review, the Office of Mental Health shall provide copies of the application to the appropriate local governmental unit, health systems agency and other reviewers as appropriate. All reviewers shall have 20 business days to review the application and submit findings and recommendations to the Office of Mental Health. Lack of response by any such reviewer shall be considered by the Office to be a "no objection" and the Office of Mental Health shall proceed with its review of the application. Reviewers may request an extension for cause.

(2) For projects undergoing E-Z PAR review, the Office of Mental Health shall provide copies of the application to the appropriate local governmental unit, health systems agency and other reviewers as appropriate. All reviewers shall have 10 business days to review the application and submit findings and recommendations to the Office of Mental Health. Lack of response by any such reviewer shall be considered by the Office to be a "no objection" and the Office of Mental Health shall proceed with its review of the application. Reviewers may request an extension for cause.

(c) The Office of Mental Health may reclassify a project for review or a local governmental unit may request the Office of Mental Health to reclassify a project for review. A project subject to E-Z PAR review may be considered for comprehensive review and a project subject to administrative action may be considered for an E-Z PAR review. The request shall be based upon a preliminary determination by the Office of Mental Health or local governmental unit that the project will have a significant impact upon the local service system, or is of such complexity, or proposes a substantial expenditure of state or local resources to support the project, such that the additional time is required to allow full consideration of the project prior to making a recommendation to the Office of Mental Health or prior to a decision by the Office of Mental Health.

(d) After review by the local governmental unit, health systems agency and other reviewers as appropriate, the Office of Mental Health shall provide the Mental Health Services Council a reasonable opportunity to review comprehensive PAR projects and to submit recommendations to the Commissioner. Such projects shall be reviewed by the Mental Health Services Council as soon as practicable after the review of the project pursuant to subdivision (b) of this section. A project subject to E-Z PAR review may be reviewed by the Mental Health Services Council upon request of the Chairperson of the Council or as determined by the Office of Mental Health.

(e) The commissioner or his or her designee shall make a decision or proposed decision on the application, based upon the reports of the Office of Mental Health staff, local governmental unit, and where required, the recommendations of the Mental Health Services Council, within 30 business days for E-Z PAR applications and 90 business days for comprehensive PAR applications from the time a complete application was received by the Office of Mental Health, whenever possible. The commissioner's decision may be:

(1) approval of the project and authorization to proceed;

(2) approval of the project but denial of public funds;

(3) conditional approval, with or without authorization to proceed; or

(4) disapproval of the project.

(f) If the commissioner proposes to disapprove the project, the applicant and other interested parties shall be notified in writing and the applicant shall be afforded an opportunity to be heard in accordance with Part 503 of this Title before the decision is final.

(g) If the commissioner proposes a decision contrary to a recommendation of approval or disapproval by the local governmental unit, the commissioner shall afford the local governmental unit an opportunity to request a public hearing. The request for a hearing shall be submitted within 10 days of notification of the decision.

(h) When a decision is reached, after a hearing if necessary, the commissioner shall notify the applicant and all reviewers of the decision and shall advise the applicant of the procedure to be followed in submitting additional information as set forth in this Part.

(i) Unless otherwise specified, project approvals shall be time limited to six months. Prior to the end of six months, an applicant may request in writing an extension of the approval. An applicant who asks for an extension of the six-month period must demonstrate to the commissioner's satisfaction that the conditions under which approval was granted have not substantially changed and that the project is moving, or will move, forward toward implementation within a reasonable period of time.

(j) Failure to respond on a timely basis to conditions of approval or to submit physical plant information as required by this Part shall result in the application being considered to be withdrawn.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 551.9