reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 605 - Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office for People With Developmental Disabilities › Section 605.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office
				for People With Developmental Disabilities' (OPWDD) (see glossary) Youth
				Opportunity Program (YOP) is a part-time work experience and career oriented
				training program for secondary school youth who meet the definition of
				economically disadvantaged as stated in Higher Education Opportunity Program
				(HEOP) as described in Title 9 NYCRR Subpart 27-1.1(b)(1), Table II for
				applicants entering the YOP program between July 1, 1993 and June 30, 1994, and
				Table III for those applicants entering the program on or after July 1, 1994.
				The primary goal is to motivate youngsters at risk of dropping out to remain in
				school until they graduate. In addition, the program encourages students to
				pursue post-secondary education. The program is designed to provide the
				training and placement for students, who will gain work experience with persons
				with developmental disabilities. In some instances, due to the partnership
				between OPWDD and the Office of Mental Health (OMH) (see glossary), students
				will gain work experience with persons with mental illness.
(b) YOP also seeks to expose students to
				occupations within the health and human service fields, particularly in direct
				care and clinical areas. Most of these occupations are classified as
				"Occupations in Need". This designation means that these are critical
				occupations that OPWDD has currently, and may have difficulty filling in the
				future. These goals require a continuous commitment to provide work experiences
				and counseling to the youths in the program.
(c) The goals of the Youth Opportunity
				Program are to:
(1) serve disadvantaged youth
				at high risk of school dropout;
(2)
				encourage high school completion;
(3) encourage post high school
				education;
(4) provide students
				with a supervised work experience;
(5) initiate and nurture interest in
				providing services to persons with developmental disabilities;
(6) assist in the transition to regular,
				full-time employment; and
(7)
				promote personal growth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 605 - Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office for People With Developmental Disabilities › Section 605.2 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Subdivision (c) of section 4, chapter 174 of the Laws of 1990, requires that
				the commissioner of OPWDD promulgate regulations to govern the process by which
				the facilities of OPWDD shall select program student interns and define overall
				program implementation for the Youth Opportunity Program.
(b) Sections 13.01 and 13.07 of the New York
				State Mental Hygiene Law authorize the OPWDD to develop an effective,
				integrated, comprehensive system for the delivery of services to people with
				developmental disabilities and to create financing procedures and mechanisms to
				support such a system of services.
(c) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the power to adopt rules and regulations which are necessary and
				proper to implement any matter under his or her jurisdiction.
(d) Articles 16.00 and 16.01 set forth
				provisions enabling the commissioner of the OPWDD to regulate and assure the
				consistently high quality of services provided within the State to its citizens
				with developmental disabilities. The commissioner may adopt and promulgate any
				regulation reasonably necessary to implement and effectively exercise the
				powers and perform the duties conferred by this article.
(e) Section 16.11  of the Mental Hygiene Law authorizes
				the commissioner or an authorized representative to conduct investigations and
				inspections, and permit review of the facility and all of its books and
				records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 605 - Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office for People With Developmental Disabilities › Section 605.3 - Applicant eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				applicant must be enrolled in a regular high school program or a high school
				equivalency (GED) program.
(b) The
				applicant must be between 16 and 21 years of age.
(c) The applicant must be financially
				eligible or fit into one of the following exception categories.
				(
Note:
the applicant must meet all other eligibility
				criteria.)
(1) A family supported by more than
				one worker in which the total annual gross income (before taxes) does not
				exceed the levels as stated in Title 8 NYCRR Subpart 27-1.1(b)(1) Table II for
				applicants entering the YOP program between July 1, 1993 and June 30, 1994, and
				Table III for those applicants entering the program on or after July 1,
				1994.
(2) A family supported by one
				worker who is the only support for one-parent family in which the total annual
				gross income (before taxes) does not exceed the levels as stated in Title 8
				NYCRR Subpart 27-1.1(b)(1), Table II for applicants entering the program
				between July 1, 1993 and June 30, 1994, and Table III for those applicants
				entering the YOP program on or after July 1, 1994.
(3) A family that receives payments from the
				New York State or any county Department of Social Services.
(4) The applicant is a ward of the State or a
				county of New York.
(5) The
				applicant's family income exceeds the levels as stated in Title 8 NYCRR Subpart
				27-1.1(b)(1), Table II for applicants entering the YOP program between July 1,
				1993 and June 30, 1994, and Table III for those applicants entering the program
				on or after July 1, 1994, but extenuating circumstances warrant acceptance.
				Such circumstances include but are not limited to:
(i) serious mismanagement of the family
				income, with little benefit accruing the applicant;
(ii) a one-time fluctuation in family income
				due to such causes as insurance settlements or severance pay in a family with a
				history of low income;
(iii)
				families with long-term medical obligations or financial strains owing to
				physical, emotional, mental, or educationally handicapping
				conditions;
(iv) families which
				must maintain two households, one for the wage earner and one for the
				dependents.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 605 - Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office for People With Developmental Disabilities › Section 605.4 - Program activities and administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each Developmental Disabilities Service
				Office (DDSO) (see glossary) that participates in the YOP is required to offer
				opportunities and assistance to student interns that will be entering the labor
				force. On-the-job training is also an integral part of the student's
				experience. Required topics and activities for the classes and program
				activities are as follows:
(1) offer basic
				life knowledge and skills courses;
(2) career exploration;
(3) on-the-job training;
(4) career orientation in health and human
				services;
(5) employment skills
				courses; and
(6) career
				assessment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 605 - Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office for People With Developmental Disabilities › Section 605.5 - Eligibility and administrative oversite for program sites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The DDSO's (Developmental Disabilities
				Service Office) or local administrative sites shall be recruited based on their
				willingness to participate in the program. This means that the DDSO director is
				interested in making an investment of staff time and physical space in exchange
				for the benefits received from the YOP student interns. In addition,
				participating DDSO's shall actively promote a spirit of team work among its
				regular employees and the YOP program student interns.
Team
				work
means a close, cooperative and honest working relationship
				between the YOP student interns, employees and the persons who are receiving
				services.
(b) DDSO's become
				participants in the Youth Opportunity Program by sending a letter of interest
				to the program director of the YOP program. The selection of a participating
				DDSO shall be made based on the willingness to participate, as well as the
				needs of the local community. The program director of the YOP program shall
				coordinate the implementation of the YOP at each DDSO and the specific
				job-sites.
(c) The DDSO program
				supervisor shall be responsible for coordinating the program activities within
				its specific service area (including those DDSOs' participating in the
				partnership with OMH), recruiting students, placing students in appropriate
				positions, offering training programs, and other program activities.
(d) The DDSO shall be responsible to the YOP
				program director's office which has the major responsibility for overall
				program services.
(e) Participating
				DDSO's shall have the following responsibilities:
(1) In accepting a Youth Opportunity Program,
				the DDSO shall be cognizant of the program's commitment to provide training and
				meaningful work experiences that will have value beyond the immediate
				job.
(2) The DDSO shall provide
				office/work space for the program administration. This office/work space must
				be appropriate for individual meetings and counseling sessions with the
				students. A meeting or conference room shall be available to the program
				supervisor for weekly group meetings and other training sessions.
(3) The DDSO director shall, in conjunction
				with the YOP director, designate a regular employee as the program manager.
				This person shall be available to provide guidance to the YOP program
				supervisor and will facilitate correspondence required by the YOP program
				director's office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 605 - Operational Procedures Governing Implementation of the Youth Opportunity Program in the Office for People With Developmental Disabilities › Section 605.99 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Disabilities, Office for People With Developmental (OPWDD).
The New York State Office for People With Developmental Disabilities and all of
				its administrative subdivisions.
(b)
Health, Office of Mental
				(OMH).
The New York State Office of Mental Health and all of its
				administrative subdivisions.
(c)
Intern, student.
For the purposes of this Part, a student
				intern is defined as an eligible high school student, who has applied and been
				accepted for participation in the Youth Opportunity Program.
(d)
Office, Developmental Disability
				Service (DDSO).
The local administrative unit that has major
				responsibility for the planning and development of community, residential and
				other program services for persons with developmental disabilities. The DDSO is
				responsible for coordinating the service delivery system within a particular
				service area, planning with community and provider agencies, and ensuring the
				specific placement of individuals and program plans and provider training
				programs are implemented.
(e)
Program, Youth Opportunity (YOP).
The OPWDD Youth Opportunity
				Program is a part-time work experience and career-oriented training program for
				secondary school youth who meet the definition of economically disadvantaged as
				stated in the Higher Education Opportunity Program (HEOP) guidelines as
				described in Title 8 NYCRR Subpart 27-1.1(b)(1), Table II for applicants
				entering the YOP program between July 1, 1993 and June 30, 1994, and Table III
				for those applicants entering the program on or after July 1, 1994. YOP is
				designed for the placement and training of students, who will gain direct work
				experience with persons with developmental disabilities. In some instances, due
				to a partnership between OPWDD and the Office of Mental Health (OMH), students
				will gain direct work experience with persons with mental illness.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 606 - Availability and Access to Incorporated by Reference Materials Contained in 14 NYCRR Parts 600-699 and 14 NYCRR Parts 1-500 Applicable to Services and Programs Certified and/or Operated by the Office for People With Developmental Disabilities › Section 606.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The documents
				cited in this Part are referenced in this Title which is applicable to the
				certification and operation of facilities certified and/or operated by the
				Office for People With Developmental Disabilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 606 - Availability and Access to Incorporated by Reference Materials Contained in 14 NYCRR Parts 600-699 and 14 NYCRR Parts 1-500 Applicable to Services and Programs Certified and/or Operated by the Office for People With Developmental Disabilities › Section 606.3 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the power to adopt rules and regulations which are necessary to
				implement any matter under his or her jurisdiction.
(b) The rules of the Department of State,
				promulgated as an amendment to 19 NYCRR 261.6 require all State agencies to
				submit certain referenced documents included by reference in the agencys'
				codes, rules and regulations, to the Department of State for filing.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 606 - Availability and Access to Incorporated by Reference Materials Contained in 14 NYCRR Parts 600-699 and 14 NYCRR Parts 1-500 Applicable to Services and Programs Certified and/or Operated by the Office for People With Developmental Disabilities › Section 606.4 - Documents incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
American Hospital Formulary
				Service (1983 Edition).
This document is published by the American
				Society of Hospital Pharmacists, 4630 Montgomery Avenue, Washington, DC 20014.
				Reference to this document may be found in:
(1) section
				679.4(c)
				 of 14 NYCRR Part 679;
(2) section
				680.7(c)
				 of 14 NYCRR Part 680; and
(3)
				section 681.7(f) of 14 NYCRR Part 681.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 606 - Availability and Access to Incorporated by Reference Materials Contained in 14 NYCRR Parts 600-699 and 14 NYCRR Parts 1-500 Applicable to Services and Programs Certified and/or Operated by the Office for People With Developmental Disabilities › Section 606.5 - Availability

Current through Register Vol. 46, No. 28, July 10, 2024
Availability and accessibility of documents cited in this
				  Part is as follows:
(a) New York State
				Office for People With Developmental Disabilities.
(1) Address: Public Access Officer, 44
				Holland Avenue, Albany, NY 12229.
(2) Telephone: (518) 474-8921.
(3) Hours: Monday through Friday, 8:30
				a.m.-4:30 p.m.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 619 - Certification of Facilities and Services › Section 619.3 - General Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				agency must apply for an operating certificate in the form and format specified
				by OPWDD.
(b) All operating
				certificate holders must comply with applicable regulations in this
				Title.
(c) The issuance of the
				initial operating certificate and sub sequent recertification for all classes
				of operating certificates will be based on a certification process conducted by
				OPWDD in the form and format specified by OPWDD. This process supersedes the
				certification process identified in subdivisions
				633.2(c);
				633.99(bx) and
				(cp);
				635-1.2(g);
				635-99(bo) and (cb); 671.1(d); 671.99(g) and (h); 679.1(d); 681.99(d) and (f);
				686.2(e); 686.99(ad) and (ah); and 690.1(e) of this Title.
(d) The initial certification and amendments
				to all classes of operating certificates, except those services enumerated in
				paragraph ten of subdivision d of section
				619.2 
				of this Part that were certified effective July 2, 2020, must be in accordance
				with certification of need and terms of approval requirements in Part 620 of
				this title. Beginning July 3, 2020, initial certification of those exempt
				services and amendments to those services, must comply with certification of
				need and terms of approval requirements in Part 620 of this title.
(e) An operating certificate may be issued
				for a period of up to three years; however, OPWDD reserves the right to issue
				an operating certificate for a shorter period of time.
(f) One operating certificate may be issued
				for two or more facilities in the same program class.
(g) The certification or recertification of
				facilities and/or services may be contingent on the receipt of an acceptable
				plan of corrective action in a form and format specified by OPWDD.
(h) An operating certificate may be revoked,
				suspended, or limited upon OPWDD's determination that the holder of the
				certificate has failed to comply with the terms of its operating certificate.
				The operating certificate holder may appeal such determination pursuant to
				section 16.17  of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 619 - Certification of Facilities and Services › Section 619.4 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency must
				provide OPWDD with a list of the names and addresses of members of the agency's
				Board of Directors on at least an annual basis and as changes occur.
(b) The agency must establish and maintain up
				to date policies and procedures in compliance with applicable regulations in
				this Title.
(c) The agency must
				maintain financial records in compliance with applicable regulations in this
				Title and must submit financial reports to OPWDD in accordance with Subpart
				635-4 of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				supersedes 14 NYCRR Part 53 as it relates to services operated by or under the
				auspices of the Office for People With Developmental Disabilities (hereinafter
				known as OPWDD).
(b) Except as
				specified below, this Part applies to any individual, association, corporation
				or proposed corporation, or public or private agency which proposes an
				administrative review project (see glossary, section
				620.13  of
				this Part) or substantial review project (see glossary) as listed in section
				620.5
				or
				620.6 
				of this Part and submits an application for certification of need (see
				glossary) for that project.
(c)
				This Part shall not apply to any proposed actions by a place/entity required by
				article 28 of the Public Health Law to receive approval for such actions from
				the Commissioner of Health and/or the Public Health Council.
(d) This Part shall not apply to any
				place/entity for which an operating certificate is not required by article 16
				of the Mental Hygiene Law.
(e) This
				Part shall not apply to any facility (see glossary, section
				620.13  of
				this Part) set forth in section 13.17  of the Mental Hygiene Law, or to
				family care homes.
(f) This Part
				applies to proposed administrative review or substantial review projects which
				are submitted to OPWDD for approval after the effective date of this Part
				[December 1, 1988]. Projects submitted prior to the effective date of this Part
				shall be processed to decision in accordance with the criteria and procedures
				in effect and applicable to the project at the time of submission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.2 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 5.07 (b)(1)  of the Mental
				Hygiene Law requires that there be a statewide comprehensive five-year plan for
				the provision of all State and local services for persons with developmental
				disabilities which is formulated from local comprehensive plans.
(b) Section 13.09 (b)  of the Mental
				Hygiene Law grants the commissioner (see glossary, section
				620.13  of
				this Part) the authority to adopt rules and regulations necessary and proper to
				implement any matter under his or her jurisdiction.
(c) Section 16.00  of the Mental Hygiene Law grants the
				commissioner the authority to adopt and promulgate any regulation reasonably
				necessary to implement and effectively exercise the powers and perform duties
				set forth in article 16 of the Mental Hygiene Law, which are necessary to
				maintain the consistent high quality of services provided within the State to
				its citizens with developmental disabilities.
(d) Article 16 of the Mental Hygiene Law
				addresses the planning process for services between OPWDD and the local
				governmental unit (see glossary, section
				620.13  of
				this Part).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.3 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To ensure
				that all program (see glossary, section
				620.13  of
				this Part) development projects ultimately requiring an operating certificate
				from OPWDD are included in the plans (see glossary) of statewide, regional and
				county authorities.
(b) To affirm
				that planning is considered to be a long-term and continuous process.
(c) To affirm that plans are to be developed
				at the county level, integrated at regional levels (B/DDSO service areas and
				health system agency [see glossary, section
				620.13  of
				this Part] regions), and coalesced in the statewide 5.07 plan and OPWDD
				operational planning documents (see glossary).
(d) To clearly establish that an application
				for certification of need is a controlling mechanism to ensure that a project,
				as proposed, conforms with the parameters as specified in the planning
				process.
(e) To clearly establish
				that, as a controlling mechanism, the requirement for the submission of an
				application for certification of need provides the commissioner with the
				opportunity to modify any parameters of the proposed program, including type,
				capacity, or even continued inclusion in the statewide plan (see glossary,
				section
				620.13  of
				this Part).
(f) To expedite the
				review of projects that are in conformance with the statewide plan to allow for
				the development and operation of needed and appropriate programs without undue
				delay.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.5 - Administrative review projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applications for certification of need for administrative review projects shall
				be submitted, reviewed and approved in accordance with sections
				620.7 
				and/or 620.9 of this Part.
(b)
				Administrative review projects include any of the following proposed actions:
(1) development or operation of a community
				residence (see glossary, section
				620.13  of
				this Part);
(2) development of all
				other new programs requiring an operating certificate, and whose acquisition
				(see glossary), construction (see glossary), or capital expenditure for
				physical plant and/or equipment/assets in support of the programs, or a
				combination thereof, is estimated to be under $600,000;
(3) acquisition, construction, or capital
				expenditure for physical plant and/or equipment/assets in support of an
				existing program, or a combination thereof, estimated to be under $600,000 but
				more than $30,000;
(4) relocation
				of an existing program or part thereof:
(i)
				which involves acquisition of property and/or renovation or reconstruction by
				purchase costing less than $600,000; or
(ii) which involves acquisition of property
				and/or renovation or reconstruction by other means which, if acquired by
				purchase, would have cost less than $600,000;
(5) expansion or contraction of specific
				services currently offered;
(6) any
				change of ownership of a facility, program, or program site whether by
				purchase, donation, merger or otherwise;
(7) an increase or decrease in certified
				capacity of an existing program;
(8) an incorporation of a corporation, the
				certificate of which requires the approval of the commissioner subject to the
				provisions of section
				620.8 
				of this Part;
(9) any amendment of
				a certificate of incorporation of an existing corporation extending its powers
				of purpose to enable it to operate a new program or facility subject to the
				provisions of section
				620.8 
				of this Part;
(10) amendment of a
				certificate of incorporation which does not add or delete the power to provide
				services for persons with developmental disabilities, subject to the provisions
				of section
				620.8 
				of this Part;
(11) the conversion
				of a program operated exempt from article 16 of the Mental Hygiene Law to
				become subject to article 16 of the Mental Hygiene Law; and
(12) the termination of an existing
				program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.6 - Substantial review projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applications for certification of need for substantial review projects shall be
				submitted, reviewed and approved in accordance with sections
				620.7
				and
				620.10 
				of this Part.
(b) Excluding
				community residences in all instances, substantial review projects include one
				or more of the following:
(1) any acquisition
				of property (regardless of whether it allows for any change in service or
				certified capacity) by purchase which will or is expected to cost $600,000 or
				more, including costs of any renovation or reconstruction; or by other means
				which, if acquired by purchases, would have cost $600,000 or more including
				costs of any renovation or reconstruction;
(2) any construction or capital expenditure
				which is estimated to cost $600,000 or more, regardless of whether it allows
				for any change in service or certified capacity; and
(3) unless all involved planning bodies
				concur that the project should proceed and agree to waive the substantial
				review process, the process shall also apply to any administrative review
				project which, subsequent to the issuance of the original certification of
				need, but prior to issuance of an operating certificate:
(i) costs $600,000, or more;
(ii) exceeds certified capacity by 10 percent
				or 5 persons, whichever is greater; or
(iii) changes the proposed class of operating
				certificate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.7 - Requirements for submitting an application for certification of need for a new program or construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				application for certification of need for a new program or construction shall
				be in writing in the form and format approved by OPWDD. Submission of the
				application shall be in the manner specified by OPWDD.
(b) The applicant shall attest to his or her
				awareness of the requirements for operation in accordance with an operating
				certificate and the obligation to be certified prior to initiating operation
				and shall provide any other information as the commissioner may
				require.
(c) OPWDD shall advise the
				applicant of the procedures and schedule for review at the time of the
				submission of the application.
(d)
				The standards of this Part shall be applied to all applications at appropriate
				points in the program development process. Review and approval of a
				certification of need application does not in and of itself ensure program
				certification.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.8 - Approval of a certificate of incorporation or certificate of amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				corporations that intend to provide services under the auspices of OPWDD, and
				for which this Part is applicable, shall hold a certificate of incorporation
				attesting to their authorization to deliver specified services to persons with
				developmental disabilities.
(b) No
				application for approval of a certificate of incorporation or certificate of
				amendment will be approved unless:
(1) the
				appropriate certification of need application has been submitted;
(2) the application, reviews, and proposed
				certificate show:
(i) compliance with all
				legal requirements applicable to the corporation or proposed
				corporation;
(ii) compliance with
				applicable regulations of the commissioner; and
(iii) the members of the broad of directors,
				officers, owners, partners and stockholders are of such character, experience,
				competence and standing as to give reasonable assurance of their ability to
				conduct the affairs of the program in the public interest and so as to provide
				proper care for the persons to be served by the proposed facility or program;
				and
(3) with respect to
				projects subject to OPWDD's jurisdiction, the commissioner may approve a
				certificate of incorporation or certificate of amendment of a certificate of
				incorporation prior to the completion of any of the procedures required in this
				Part if he or she is satisfied that the requirements will be fulfilled prior to
				the grant of any State aid.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.10 - Review of certification of need application for substantial review projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner shall review the application for certification of need for
				completeness of information within 10 business days of receipt. Within an
				additional five business days, the applicant shall be notified by certified
				mail of any lack of information, which shall be provided by the applicant
				within 30 calendar days or such additional time as may be requested by the
				applicant and approved by the commissioner. Failure to provide such information
				within the designated time shall constitute withdrawal of the application. If
				no additional information is requested within said period, the application
				shall be considered complete.
(b)
				Upon determination of receipt of a complete application for a Medicaid funded
				program, the commissioner shall immediately notify the applicant that review
				has begun and provide copies of the application to the designated State health
				planning and development agency, the appropriate health systems agency, and the
				appropriate local governmental unit. Each party shall have 60 business days to
				review the application and submit findings and recommendations to the
				commissioner unless these planning bodies have reached an agreement with OPWDD
				and agree to waive the substantial review process.
(c) Upon receipt of a complete application,
				the commissioner shall provide a copy of such application to the office of the
				appropriate local governmental unit in the area to be served.
(d) The commissioner shall, within 90
				business days of receipt of the complete application, make a decision on the
				application based on his or her review of recommendations by OPWDD staff, the
				report of the health systems agency, and the advice of the designated State
				health planning and development agency and the local governmental
				unit.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.11 - Commissioner's decision regarding certification of need for all projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Review of all
				applications for certification of need shall take into consideration
				consistency with OPWDD's operational planning documents, current and accurate
				State budget information, current need data, and the standard criteria of:
(1) the character and competence of the
				operator(s);
(2) the fiscal
				viability and cost-effective feasibility; and
(3) the probability of operating in
				conformance with regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 620 - Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction › Section 620.12 - Terms of approval for acquisition of property or construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 120
				calendar days of the commissioner's certification of need for a project
				involving construction and/or acquisition, the applicant shall provide for the
				commissioner's review acceptable architectural design development plans.
				Failure to provide such information within the time frame specified shall
				constitute withdrawal from the proposed project, unless the applicant has
				formally contacted OPWDD and received approval for an extension.
(b) Within 150 calendar days of the
				commissioner's approval of the design development plans, the applicant shall
				submit final drawings and specifications including cost estimates. Failure to
				provide such information within the time frame specified shall constitute
				withdrawal from the proposed project unless a request for an extension has been
				made and approved.
(c) The
				applicant shall not enter into a contract for construction until notified in
				writing of the approval of final drawings and specifications.
(d) The applicant shall request prior
				approval of any changes relating to the scope of the project, the cost of
				construction of major items or equipment proposed during
				construction.
(e) Upon completion,
				an onsite inspection of the construction and equipment shall be made to assure
				that such are in accordance with the prior approval of the
				commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 621 - Financial Assistance for Capital Construction and Financing › Section 621.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to applicants (see glossary, section
				  621.17  of
				  this Part) that propose to develop or finance community facilities (see
				  glossary) for persons with developmental disabilities, based on expenditures
				  for those costs as set forth herein. This Part relates to community facilities
				  subject to certification by the Office for People With Developmental
				  Disabilities. In addition this Part is applicable to those applicants that
				  propose to develop or finance community facilities for persons with
				  developmental disabilities which may be subject to certification or licensure
				  by another appropriate New York State agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 621 - Financial Assistance for Capital Construction and Financing › Section 621.2 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Three
				possible sources of funds are available for the capital costs (see glossary,
				section
				621.17  of
				this Part) and other eligible costs as set forth in this Part of construction
				or financing for a community facility for which application can be made to
				OPWDD.
(1) One source of funds is a grant for
				State aid which may be made available to an applicant pursuant to article 41 of
				the Mental Hygiene Law.
(2) A
				mortgage loan from the New York State Housing Finance Agency (hereinafter
				referred to as HFA), made available pursuant to article 75 of the Mental
				Hygiene Law.
(3) A mortgage loan
				from the New York State Facilities Development Corporation (hereinafter
				referred to as FDC) pursuant to subdivision 13-d of section 5 of the Facilities
				Development Corporation Act from the proceeds of the sale of tax-exempt bonds
				and notes issued by the New York State Medical Care Facilities Finance Agency
				(hereinafter referred to as MCFFA) pursuant to such Act, for the purpose of
				financing or refinancing the construction, acquisition, reconstruction,
				rehabilitation or improvement of a community facility. For the purposes of this
				Part, such loan from the FDC may include and may be referred to herein, or in
				any document relating to such loans, as FDC mortgage loan, FDC loan, or FDC
				secured loan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 621 - Financial Assistance for Capital Construction and Financing › Section 621.3 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 13.07  of the Mental Hygiene Law sets forth
				the authority of OPWDD to pursue the expansion of services and the development
				of new methods of service delivery to serve the full range of needs of persons
				with developmental disabilities.
(b) 13.09 of the Mental Hygiene Law sets
				forth the authority of the commissioner to adopt rules and regulations
				necessary and proper to implement any matter under his or her
				jurisdiction.
(c) Section 41.18 and 41.23  of the Mental Hygiene Law
				set forth the authority of OPWDD to provide State aid funding for the capital
				costs for community facilities, pursuant to a local services or unified
				services plan.
(d) Section 75.17  of the Mental Hygiene Law sets forth
				the authority of the commissioner to approve mortgage loans for funds available
				from HFA.
(e) Section 75.25  of the Mental Hygiene Law sets forth
				the authority of the commissioner to make, alter, amend and repeal rules and
				regulations for the supervision, examination, regulation and audit of companies
				(see glossary under company, section
				621.14 
				of this Part.
(f) Subdivision 13-c
				of section 5 of the Facilities Development Corporation Act sets forth the
				authority of the commissioner to promulgate regulations with respect to
				financing or refinancing of community facilities by voluntary agencies with the
				proceeds of funds realized from the sale of tax-exempt bonds and notes issued
				by MCFFA.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 621 - Financial Assistance for Capital Construction and Financing › Section 621.4 - Requirements for a State aid grant

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A local government (see glossary, section
				621.17  of
				this Part) or a voluntary agency (see glossary) may apply for a State aid grant
				for the capital costs of construction.
(b) A completed application must be submitted
				to the commissioner (see glossary, section
				621.17)  in
				the format and on the forms prescribed by the commissioner. The application
				must include a statement to the effect that, if the applicant is a voluntary
				agency, the applicant and OPWDD intend that the State aid grant must be repaid
				when and if the applicant receives an FDC mortgage loan pursuant to this Part;
				provided that such repayment shall be intended only for that portion of the
				State aid grant represented by underlying costs for which the FDC mortgage loan
				is made.
(c) Companies and sponsors
				or proposed incorporators of such companies, may apply for State aid, an HFA
				mortgage loan, or for both.
(d) A
				certification of need application pursuant to the commissioner's regulations
				must be completed and approved prior to the payment of State aid grant
				funds.
(e) The applicant must
				provide copies of existing contracts, if any, relating to the acquisition,
				construction and operation of the proposed facility.
(f) All applicants receiving State aid are
				required to establish and maintain accounting and fiscal records in a manner
				approved by the commissioner to reflect the receipt and expenditure of funds
				allotted and paid for capital costs. Similar suitable accounts shall be
				maintained to show receipt and disbursement of Federal, local or other funds
				used for matching purposes.
(g) The
				applicant for a State aid grant must have or will have, prior to receiving
				State aid funds, a fee simple or such other estate or interest in the site
				including necessary easements and rights-of-way, sufficient to assure for a
				period not less than 50 years undisturbed use and possession for the purpose of
				the facility. At the commissioner's discretion, a limited amount of grant funds
				may be provided to the applicant prior to the applicant taking fee simple to
				the site, provided that such funds are placed in escrow and are used solely for
				the purpose of acquiring title to the site.
(h) The nature and extent of the applicant's
				present or anticipated property rights in the proposed site must be established
				by a survey of the site, the surveyor's metes and bounds property description
				and an acceptable policy of title insurance.
(i) The commissioner shall have access to the
				books, records and physical site of any facility receiving a State aid
				grant.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 621 - Financial Assistance for Capital Construction and Financing › Section 621.5 - Eligible capital costs for a State aid grant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Capital costs eligible for State aid
				shall only include costs incurred by the applicant.
(b) The amount of capital costs eligible for
				State aid shall be determined by the commissioner. The value of a site shall be
				established by an independent appraisal by OPWDD, its agents, or contractors.
				Capital costs eligible for State aid may include:
(1) acquisition of real property;
(2) design, including architectural and
				engineering services;
(3)
				construction;
(4)
				reconstruction;
(5) rehabilitation
				and improvement;
(6) original
				furnishings and equipment;
(7) site
				development; and
(8)
				appurtenances.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 621 - Financial Assistance for Capital Construction and Financing › Section 621.6 - Method of payment of State aid grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payments shall be made pursuant to a
				schedule determined by the commissioner. Upon completion of the project, an
				audit shall be conducted, the form of which shall be acceptable to the State
				Comptroller. A final payment will be made upon completion of the audit and its
				acceptance by the commissioner.
(b)
				Certification that payment of any of the foregoing installments is due an
				applicant, is subject to inspection by OPWDD to determine that the work has
				been performed upon a project, or purchases have been made, in accordance with
				the approved plans and specifications.