New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.7 - Standards for approval of projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A project subject to prior approval
				review of the Office of Mental Health shall be proposed in accordance with this
				Part through submission of an application as required by the Office of Mental
				Health. The review of the application shall base approval upon consideration of
				the extent to which:
(1) the members of the
				board of directors, officers, owners, partners, members of limited liability
				companies, and stockholders are of such character, experience, competence, and
				standing in the community as to give reasonable assurance of their ability to
				responsibly manage the affairs of the organization and to provide services
				consistent with the needs, goals, and best interests of recipients, taking into
				consideration the criminal history record of any natural person operator, if
				any, obtained in accordance with Part 550 of this Title. Regulatory compliance
				of existing programs and services will be taken into consideration during
				review of the application;
(2) the
				project is consistent with local or unified services plans for mental health
				services, as applicable;
(3) there
				is public need for the project at the time and place and under the
				circumstances proposed;
(4) the
				project is or will be linked within a system of mental health services and with
				other service systems;
(5) there is
				reasonable assurance that funds will be available to finance operating expenses
				and to finance construction, renovation, and acquisition expenses;
(6) the facility will be safe and appropriate
				for the type of project proposed;
(7) the program and services proposed are
				accessible, safe, appropriate, and will comply with requirements for issuance
				of an operating certificate;
(8)
				the project will appropriately and competently serve, or arrange to be served,
				the target population of the program in a manner which addresses individual
				cultural and ethnic characteristics;
(9) there are no facilities, programs, and
				services available that may serve as alternatives or substitutes for all or
				part of the proposed project;
(10)
				the project demonstrates appropriate and reasonable availability and use of
				public funds;
(11) if a project
				proposes closure or termination, the agency will ensure that recipients of
				mental health services will be linked to appropriate services based on
				individual need and follow-up will be provided by the applicant to confirm
				linkages of recipients to services; transportation needs of current recipients
				will be addressed; and recipient records and financial accounts will be
				safeguarded;
(12) the project is or
				will be part of a local system of mental health services;
(13) the project increases the availability
				of necessary service to the poor and the medically indigent;
(14) if the project proposes to utilize a
				management contract or a clinical services contract:
(i) the management or clinical services
				organization and its principals, officers, and directors are of such character,
				experience, competence, and standing in the community as to give reasonable
				assurance of their ability to responsibly carry out the requirements of the
				contract;
(ii) the provider of
				services, as the holder of the operating certificate, retains sufficient
				authority and responsibility to demonstrate effective control of the overall
				program, including the delivery of services, the quality of services, fiscal
				stability, and compliance with the requirements of OMH;
(iii) the terms and conditions of the
				contract are reasonable and will not jeopardize the continued operation of the
				program; and
(iv) the scope of
				responsibility of the management or clinical services organization under the
				contract is sufficiently limited such that the organization does not
				effectively become, in the judgement of the commissioner, the provider of
				services as defined in section
				551.4  of
				this Part.