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 620.9 - Review of certification of need application for administrative 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 (see glossary, section
				620.13  of
				this Part) 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. Upon determination of
				receipt of a complete application, the commissioner shall immediately notify
				the applicant that review has begun.
(b) A copy of a complete application
				proposing an administrative review project shall be immediately forwarded by
				certified mail to the office of the appropriate local governmental unit in the
				area to be served; and shall allow it 10 business days from receipt in which to
				review the application and make recommendations to the commissioner. The
				commissioner or designee shall take no final action until such period has
				expired or opinions have been rendered by the local governmental unit,
				whichever is earlier.
(c) A copy of
				a complete application for a new program or construction (other than for a
				community residence), the cost of which is expected to be more than $30,000 but
				less than $600,000 and funded by Medicaid, shall be immediately forwarded by
				certified mail to the appropriate regional health systems agency and shall
				allow it 10 business days from receipt in which to review the application and
				make recommendations to the commissioner. The commissioner or designee shall
				take no final action until such period has expired or an opinion has been
				rendered by the health systems agency, whichever is earlier.
(d) A complete application for a new program
				or construction which is proposed to be funded through Medicaid shall be
				immediately forwarded to the designated State health planning and development
				agency (see glossary) by certified mail and it shall be allowed 10 business
				days from receipt in which to review the application and advise the
				commissioner of its opinion as to whether the application for certification of
				need be considered as acceptable. The commissioner shall take no final action
				on whether the application is acceptable until such period has expired or an
				opinion has been rendered by the designated State health planning and
				development agency, whichever is earlier.
(e) After such period as allowed the health
				system agency, the designated State health planning and development agency or
				local governmental unit, but within 30 business days of determination of
				receipt of a complete application, the commissioner may approve or disapprove
				the application without further review, as long as the application meets the
				criteria for an administrative review project set forth in section
				620.5 
				of this Part.
(f) If a local
				governmental unit or health systems agency considers that a proposed
				administrative review project is inconsistent with OPWDD's operational planning
				documents, and the issues cannot be resolved between the objecting party and
				OPWDD, a hearing may be requested in conformance with Part 602 of this Title.
				If the charge of inconsistency is sustained by the hearing process, the
				proposal shall be considered a substantial review project.