N.Y. Comp. Codes R. & Regs. tit. 14 § 620.11

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

Section 620.11 - Commissioner's decision regarding certification of need for all projects

(a) Review of all applications for certification of need shall take into consideration consistency with OPWDD's operational planning documents, current and accurate State budget information, current need data, and the standard criteria of:

(1) the character and competence of the operator(s);

(2) the fiscal viability and cost-effective feasibility; and

(3) the probability of operating in conformance with regulation.

(b) The commissioner's decision may be:

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

(2) approval of the project, but denial of requested capital funding; or

(3) approval of the project, but denial of operating funds through Federal or State programs; or

(4) conditional approval of the project, with or without authorization to proceed; or

(5) disapproval of the project.

(c) If the commissioner intends to disapprove the project, he or she shall notify the applicant, and the health systems agency, the designated State health planning and development agency and the local governmental unit of his or her intent and provide the report of findings and the basis for the decision, and shall afford the applicant an opportunity to be heard in accordance with Part 602 of this Title before taking such action.

(1) If the commissioner intends to disapprove a project of which the health systems agency or the local governmental unit has recommended approval, he or she shall notify the health systems agency, the local governmental unit and the applicant, of the intended action and provide all parties with copies of the report.

(2) Said parties shall be afforded the opportunity to be heard in accordance with Part 602 of this Title. If such hearing is requested, it shall be held in accordance with the regulations of the commissioner.

(d) If the commissioner intends to approve a project over a recommendation of disapproval by the health systems agency or the local governmental unit he or she shall notify that agency, as well as the applicant, of his or her intent. Further, he or she shall provide all parties designated in subdivision (c) of this section, with copies of the findings and basis of decision, and shall afford the health systems agency and the local governmental unit an opportunity to be heard in accordance with Part 602 of this Title before taking such action.

(e) When a decision is reached, after a hearing if necessary, the commissioner shall notify the applicant and all reviewers of the decision, and shall also advise the applicant of the procedure to be followed in submitting additional information necessary for the development of a program prior to consideration as satisfactorily having met the requirements for an operating certificate.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 620.11

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016