14 CRR-NY 620.13NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
14 CRR-NY 620.13
14 CRR-NY 620.13
620.13 Glossary.
(a) Acquisition. The obtaining of property by such methods as purchase, lease, donation, or inheritance.
(b) Administrative review project. Any project as listed in section 620.4 of this Part which does not or is not expected to incur costs in excess of $600,000, and which may, therefore, be subject to an administrative review pursuant to section 620.9 of this Part for certification of need.
(c) Agency, (designated State health planning and development [SHPDA]). An agency within the Department of Health (DOH), as designated by the Governor, which is responsible to administer the State's health planning and development functions, including preparation of the State Health Plan and assisting the State Health Coordinating Council (SHCC).
(d) Agency, Health Systems (HSA). An agency designated pursuant to section 2904-b of the Public Health Law, which is responsible for analyzing the needs and conditions within the health service area and applying the national guidelines for health planning in the development of its health systems plan and annual implementation plan.
(e) B/DDSO. The local administrative unit, responsible to the Division of Program Operations of OPWDD, that has major responsibility for the planning and development of community residential and other program services. The B/DDSO is responsible for coordinating the service delivery system within a particular service area, planning with community and provider agencies, and ensuring that specific placement of persons with developmental disabilities and program plans and provider training programs are implemented. In New York City, this unit is called the Borough Developmental Services Office (BDSO); elsewhere in the State it is called the Developmental Disabilities Services Office (DDSO).
(f) Certification of need. A process whereby any individual, association, corporation or proposed corporation, or public or private agency which proposes a project as set forth in this Part formally states that intent and applies for the authorization to proceed.
(g) Commissioner. The Commissioner of the Office for People With Developmental Disabilities, or his or her designee.
(h) Construction. The erection, building, alteration, reconstruction, improvement, extension or modification of a building.
(i) Days—business. In computing “days”, the “day” that the notice is received shall be included. Saturdays, Sundays, and legal holidays are not included in counting business days. Legal holidays are:
(1) New Year's Day.
(2) Martin Luther King's Birthday.
(3) Washington's Birthday.
(4) Memorial Day.
(5) Independence Day.
(6) Labor Day.
(7) Columbus Day.
(8) Veteran's Day.
(9) Thanksgiving Day.
(10) Christmas Day.
(j) Documents, operational planning. Those documents (currently referred to as “flag forms”, which clearly designate the type of programs needed to be developed, the general geographic location, and the type and number of individuals to be served.
(k) Facility. Any place certified or operated by OPWDD in which services are provided for persons with developmental disabilities.
(l) Need, certification of. See certification of need.
(m) Plans. Formal statements or documents representing future courses of action. Plans relevant to this Part include:
(1) County plan. That local services plan or unified services plan of a county or the city of New York prepared and approved in accordance with article 41 of the Mental Hygiene Law.
(2) Health systems plan. The health systems plan prepared by the health systems agency as required by section 1513 of the National Health Planning and Resources Development Act of 1974 (P.L. 93-641) (The National Health Planning Act).
(3) Annual implementation plan. The annual implementation plan based on the health systems plan prepared by the health systems agency in accordance with section 1513 of the National Health Planning Act.
(4) State health plan. The State health plan prepared and/or reviewed, approved and revised by the Statewide Health Coordinating Council in accordance with section 1524 of the National Health Planning Act.
(5) Statewide plan. The statewide multi-year developmental disabilities plan prepared by OPWDD in accordance with section 5.07 of the Mental Hygiene Law, OPWDD's related annual implementation and strategic management plans.
(n) Program. A planned combination of services for the purpose of meeting certain specified common needs of a group of persons with developmental disabilities, the operation of which is authorized by an operating certificate issued by the commissioner.
(o) Project. For purposes of this Part, an administrative review project (q.v.) or substantial review project (q.v.).
(p) Residence, community. For purposes of this Part a residential facility certified by OPWDD under Part 686 of this Title.
(q) Substantial review project. Proposed acquisition of property or construction which is estimated to cost $600,000 or more, excluding community residences, and subject to a substantial review pursuant to section 620.10 of this Part for certification of need.
(r) Unit, local governmental. The unit of local government given authority in accordance with the Mental Hygiene Law by local government to provide local and unified services for persons with developmental disabilities.
14 CRR-NY 620.13
Current through June 30, 2021
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