N.Y. Comp. Codes R. & Regs. tit. 14 § 620.9

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

Section 620.9 - Review of certification of need application for administrative review projects

(a) The commissioner shall review the application for certification of need for completeness of information within 10 business days (see glossary, section 620.13 of this Part) of receipt. Within an additional five business days, the applicant shall be notified by certified mail of any lack of information, which shall be provided by the applicant within 30 calendar days or such additional time as may be requested by the applicant and approved by the commissioner. Failure to provide such information within the designated time shall constitute withdrawal of the application. If no additional information is requested within said period, the application shall be considered complete. Upon determination of receipt of a complete application, the commissioner shall immediately notify the applicant that review has begun.

(b) A copy of a complete application proposing an administrative review project shall be immediately forwarded by certified mail to the office of the appropriate local governmental unit in the area to be served; and shall allow it 10 business days from receipt in which to review the application and make recommendations to the commissioner. The commissioner or designee shall take no final action until such period has expired or opinions have been rendered by the local governmental unit, whichever is earlier.

(c) A copy of a complete application for a new program or construction (other than for a community residence), the cost of which is expected to be more than $30,000 but less than $600,000 and funded by Medicaid, shall be immediately forwarded by certified mail to the appropriate regional health systems agency and shall allow it 10 business days from receipt in which to review the application and make recommendations to the commissioner. The commissioner or designee shall take no final action until such period has expired or an opinion has been rendered by the health systems agency, whichever is earlier.

(d) A complete application for a new program or construction which is proposed to be funded through Medicaid shall be immediately forwarded to the designated State health planning and development agency (see glossary) by certified mail and it shall be allowed 10 business days from receipt in which to review the application and advise the commissioner of its opinion as to whether the application for certification of need be considered as acceptable. The commissioner shall take no final action on whether the application is acceptable until such period has expired or an opinion has been rendered by the designated State health planning and development agency, whichever is earlier.

(e) After such period as allowed the health system agency, the designated State health planning and development agency or local governmental unit, but within 30 business days of determination of receipt of a complete application, the commissioner may approve or disapprove the application without further review, as long as the application meets the criteria for an administrative review project set forth in section 620.5 of this Part.

(f) If a local governmental unit or health systems agency considers that a proposed administrative review project is inconsistent with OPWDD's operational planning documents, and the issues cannot be resolved between the objecting party and OPWDD, a hearing may be requested in conformance with Part 602 of this Title. If the charge of inconsistency is sustained by the hearing process, the proposal shall be considered a substantial review project.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 620.9

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