N.Y. MHY Law § 31.23 — New York Code / Act MHY / Title E / Article 31 / Section 31.23
Approval of new construction
Status: in_force

§ 31.23 Approval of new construction.\n  (a) As used or referred to in this section, unless a different meaning\nclearly appears from the context:\n  "Facility" is limited to a facility in which services are offered for\nwhich an operating certificate is required by this article. For the\npurposes of this section facility shall include family care homes.\n  "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) 1. The construction of a facility for which an operating\ncertificate issued by the commissioner of mental health is required\npursuant to article thirty-one of this chapter shall require the\napproval of the commissioner of mental health. An application for such\nconstruction shall be submitted to the office of mental health. The\noffice shall forward a copy of the application for approval of the\nproposed construction, and any accompanying documents, to the local\ngovernmental unit responsible for community services for the mentally\ndisabled where the facility is to be located, and, for facilities other\nthan family care homes, community residences or residential care centers\nfor adults, to the concerned health systems agency. The local\ngovernmental unit and health systems agency shall report their\nrecommendations on the proposed construction within a reasonable time.\nUpon receipt of the recommendations of the local governmental unit and\nthe health systems agency, or upon the lapse of a reasonable time for\ncomment by the local governmental unit or health systems agency, the\ncommissioner shall submit the application for facilities other than\nfamily care homes, community residences or residential care centers for\nadults along with the recommendations of the local governmental unit or\nhealth systems agency to the mental health services council for its\nreview and comment.  The commissioner shall not act upon an application\nfor construction of a facility other than a family care home, community\nresidence or residential care center for adults without having first\ngiven the mental health services council a reasonable opportunity to\nmake a recommendation about the application.\n  2. The commissioner shall not act upon an application for construction\nof a facility unless the applicant has obtained all approvals and\nconsents required by law for its incorporation or establishment. The\ncommissioner in approving the construction of a facility shall take into\nconsideration and is empowered to request information and advice from\nall available sources including local and area mental hygiene and health\nplanning agencies and groups as to (i) the availability of facilities or\nservices which may serve as alternatives or substitutes for the whole or\nany part of the proposed construction; (ii) the adequacy of financial\nresources and sources of future revenue; and (iii) the public need for\nthe facility or the services, for facilities other than family care\nhomes, community residences or residential care centers for adults, at\nthe time and place and under the circumstances proposed. If the\ncommissioner proposes to disapprove an application for construction of a\nfacility, he shall afford the applicant an opportunity to be heard in\nthe same manner as prescribed in section 31.17 of this article. The\ncommissioner shall not take any action contrary to the advice of the\nhealth systems agency for facilities other than family care homes,\ncommunity residences or residential care centers for adults until he\naffords an opportunity to the agency to request a public hearing and if\nso requested, a public hearing shall be held. The commissioner, on his\nown motion, may hold a hearing on an application for construction of a\nfacility.\n  3. Nothing in this subdivision shall limit the application of\nprovisions of article twenty-eight of the public health law.\n  (c) The commissioner may submit any plans for construction including a\nsubstantial change in bed capacity, of a facility operated by the office\nof mental health, other than a community residence, residential care\ncenter for adults or family care home, to the local governmental unit\nresponsible for community services for the mentally disabled where the\nfacility is located, to the concerned health systems agency and to the\nmental health services council, for their review and recommendations in\naccordance with this section.\n