NY Ment Hygiene L § 16.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.09 - Approval of New Construction.

§ 16.09 Approval of new construction.  (a) As used or referred to in this section, unless a different meaning clearly appears from the context:  (1) "Facility"  is limited to a facility in which services are offered for which an operating certificate is required by this article. For  the purposes  of  this  section facility shall include family care homes but shall not include the provision of services,  as  defined  in  paragraph four  of  subdivision (a) of section 16.03 of this article, outside of a facility.  (2) "Construction"  means  the  erection,  building,  or   substantial acquisition,   alteration,  reconstruction,  improvement,  extension  or modification of a facility, including its equipment, the inspection  and supervision  thereof;  and the studies, surveys, designs, plans, working drawings,  specifications,  procedures,  and  other  actions   necessary thereto.  (b)  The  construction  of  a  facility,  whether  public  or private, incorporated or not incorporated, shall require the  prior  approval  of the  commissioner.  An  application for such construction shall be filed with the office, together with such other forms and information as shall be prescribed by, or acceptable to, the office. Thereafter,  the  office shall  forward  for  comment  a copy of the application and accompanying documents to the  local  governmental  unit  responsible  for  community services  for the mentally disabled where the facility is to be located, and, for facilities other than community residences,  to  the  concerned health   systems   agency.  The  commissioner  shall  not  act  upon  an application for construction of a  facility  unless  the  applicant  has obtained   all   approvals   and   consents  required  by  law  for  its incorporation  or  establishment.  The  commissioner  in  approving  the construction  of  a  facility  shall  take  into  consideration  and  is empowered to request information and advice from all  available  sources including local and area mental hygiene and health planning agencies and groups  as  to  (i) the availability of facilities or services which may serve as alternatives or substitutes for the whole or any  part  of  the proposed  construction  and (ii) the adequacy of financial resources and sources of future revenue and (iii) the public need for the facility  or the  services,  for  facilities  other than community residences, at the time and place and under the circumstances proposed. If the commissioner proposes to disapprove an application for construction of a facility, he shall afford the applicant an opportunity to be heard. The commissioner, on his own motion, may hold a hearing on an application for construction of a facility.  (c) In determining whether there is a public need for any services  or facilities,  for facilities other than community residences, as required by this article, the commissioner shall consider the advice of the state health planning  and  development  agency  designated  pursuant  to  the provisions of the national health planning and resources development act of  nineteen  hundred  seventy-four  and  any  amendments  thereto.  The commissioner shall not take any action contrary to  the  advice  of  the health  systems  agency  for  facilities other than community residences until he affords an opportunity  to  the  agency  to  request  a  public hearing and, if so requested, a public hearing shall be held.