2023 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.