NY Ment Hygiene L § 31.23 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.23 - Approval of New Construction.

§ 31.23 Approval of new construction.  (a) As used or referred to in this section, unless a different meaning clearly appears from the context:   "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.   "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)  1.  The  construction  of  a  facility  for  which  an  operating certificate  issued  by  the  commissioner  of mental health is required pursuant to  article  thirty-one  of  this  chapter  shall  require  the approval  of  the commissioner of mental health. An application for such construction shall be submitted to the  office  of  mental  health.  The office  shall  forward  a  copy  of  the application for approval of the proposed construction, and any  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 family care homes, community residences or residential care centers for   adults,   to  the  concerned  health  systems  agency.  The  local governmental  unit  and  health  systems  agency  shall   report   their recommendations  on  the proposed construction within a reasonable time. Upon receipt of the recommendations of the local governmental  unit  and the  health  systems  agency, or upon the lapse of a reasonable time for comment by the local governmental unit or  health  systems  agency,  the commissioner  shall  submit  the  application  for facilities other than family care homes, community residences or residential care centers  for adults  along with the recommendations of the local governmental unit or health systems agency to the mental  health  services  council  for  its review  and comment.  The commissioner shall not act upon an application for construction of a facility other than a family care home,  community residence  or  residential  care  center for adults without having first given the mental health services council  a  reasonable  opportunity  to make a recommendation about the application.   2. 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; (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  family  care homes,  community  residences or residential care centers for adults, 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 in the same manner as prescribed in section  31.17  of  this  article.  The commissioner  shall  not  take  any action contrary to the advice of the health systems agency for  facilities  other  than  family  care  homes, community  residences  or  residential  care centers for adults until he affords an opportunity to the agency to request a public hearing and  if so  requested,  a public hearing shall be held. The commissioner, on his  own motion, may hold a hearing on an application for construction  of  a facility.   3.  Nothing  in  this  subdivision  shall  limit  the  application  of provisions of article twenty-eight of the public health law.  (c) The commissioner may submit any plans for construction including a substantial change in bed capacity, of a facility operated by the office of mental health, other than a  community  residence,  residential  care center  for  adults  or family care home, to the local governmental unit responsible for community services for the mentally disabled  where  the facility  is  located, to the concerned health systems agency and to the mental health services council, for their review and recommendations  in accordance with this section.