N.Y. MHY Law § 16.09 — New York Code / Act MHY / Title C / Article 16 / Section 16.09
Approval of new construction
Status: in_force

§ 16.09 Approval of new construction.\n  (a) As used or referred to in this section, unless a different meaning\nclearly appears from the context:\n  (1) "Facility" is limited to a facility in which services are offered\nfor which an operating certificate is required by this article. For the\npurposes of this section facility shall include family care homes but\nshall not include the provision of services, as defined in paragraph\nfour of subdivision (a) of section 16.03 of this article, outside of a\nfacility.\n  (2) "Construction" means the erection, building, or substantial\nacquisition, alteration, reconstruction, improvement, extension or\nmodification of a facility, including its equipment, the inspection and\nsupervision thereof; and the studies, surveys, designs, plans, working\ndrawings, specifications, procedures, and other actions necessary\nthereto.\n  (b) The construction of a facility, whether public or private,\nincorporated or not incorporated, shall require the prior approval of\nthe commissioner. An application for such construction shall be filed\nwith the office, together with such other forms and information as shall\nbe prescribed by, or acceptable to, the office. Thereafter, the office\nshall forward for comment a copy of the application and accompanying\ndocuments to the local governmental unit responsible for community\nservices for the mentally disabled where the facility is to be located,\nand, for facilities other than community residences, to the concerned\nhealth systems agency. The commissioner shall not act upon an\napplication for construction of a facility unless the applicant has\nobtained all approvals and consents required by law for its\nincorporation or establishment. The commissioner in approving the\nconstruction of a facility shall take into consideration and is\nempowered to request information and advice from all available sources\nincluding local and area mental hygiene and health planning agencies and\ngroups as to (i) the availability of facilities or services which may\nserve as alternatives or substitutes for the whole or any part of the\nproposed construction and (ii) the adequacy of financial resources and\nsources of future revenue and (iii) the public need for the facility or\nthe services, for facilities other than community residences, at the\ntime and place and under the circumstances proposed. If the commissioner\nproposes to disapprove an application for construction of a facility, he\nshall afford the applicant an opportunity to be heard. The commissioner,\non his own motion, may hold a hearing on an application for construction\nof a facility.\n  (c) In determining whether there is a public need for any services or\nfacilities, for facilities other than community residences, as required\nby this article, the commissioner shall consider the advice of the state\nhealth planning and development agency designated pursuant to the\nprovisions of the national health planning and resources development act\nof nineteen hundred seventy-four and any amendments thereto. The\ncommissioner shall not take any action contrary to the advice of the\nhealth systems agency for facilities other than community residences\nuntil he affords an opportunity to the agency to request a public\nhearing and, if so requested, a public hearing shall be held.\n