New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.10 - Assurances from the applicant

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any other requirements imposed by law, each
				  State aid grant, Facilities Development Corporation mortgage loan and Housing
				  Finance Agency mortgage loan shall be subject to the condition that the
				  applicant will furnish and comply with the following assurances and conditions,
				  execute the documents necessary to assure such compliance and secure the
				  interests of the OMH in the property upon which the facility is, or will be,
				  located.
(a) Project operation.
(1) The facility will furnish a community
				mental health service as stated in the application for the State aid grant,
				Facilities Development Corporation mortgage loan or Housing Finance Agency
				mortgage loan as subsequently amended with and upon the approval of the Office
				of Mental Health.
(2) The applicant
				will operate and maintain the facility, or cause its operation and maintenance,
				to be in accordance with standards prescribed by the OMH for the operation and
				maintenance of such facilities.
(3)
				The applicant will conform to all the applicable requirements of the local
				services or the unified services plan as well as the applicable requirements of
				this Title.
(4) All portions and
				services of the entire facility for which a State aid grant under this act is
				sought will be made available without discrimination because of age, creed,
				color, national origin, sex, disability, marital status, or arrest or criminal
				accusation not presently pending against that individual which was followed by
				a termination of that criminal action or proceeding in favor of the individual,
				as defined in subdivision two of section 160.50  of the Criminal Procedure Law,
				unless such discrimination is in fact a segregation based upon legitimate
				clinical needs and concerns and not a complete denial of the provision of
				services.
(5) No professionally or
				otherwise qualified person will be discriminated against on account of age,
				creed, color, national origin, sex, disability, marital status, or arrest or
				criminal accusation not presently pending against that individual which was
				followed by a termination of that criminal action or proceeding in favor of
				that individual, as defined in subdivision two of section 160.50  of the Criminal Procedure Law with
				respect to the privilege of professional practice or employment in the
				facility.
(6) The applicant will
				operate the community mental health program, described in the application as
				subsequently amended with and upon the approval of OMH, in the facility
				constructed, reconstructed, rehabilitated or acquired with a State aid grant,
				Facilities Development Corporation mortgage loan or Housing Finance Agency
				mortgage loan for a 20-year period or the term of the Facilities Development
				Corporation mortgage loan, whichever is greater. The applicant shall not make
				any changes in the nature of the program within the aforementioned period
				without the prior written approval of the OMH.