Applications for Certification of Need
NY-ADR
7/2/14 N.Y. St. Reg. PDD-26-14-00011-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 26
July 02, 2014
RULE MAKING ACTIVITIES
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PDD-26-14-00011-P
Applications for Certification of Need
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 620.7(a) of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.07, 13.09(b) and 16.00
Subject:
Applications for Certification of Need.
Purpose:
To change requirements concerning the method of submission of CON applications.
Text of proposed rule:
Subdivision 620.7(a) is amended as follows:
(a) An application for certification of need for a new program or construction shall be in writing in the form and format approved by [OMRDD] OPWDD. Submission of the application shall be in the manner specified by OPWDD. [An original application and eight copies shall be filed with OMRDD.]
Text of proposed rule and any required statements and analyses may be obtained from:
Regulatory Affairs Unit, Office for People With Developmental Disabilities (OPWDD), 44 Holland Avenue, 3rd floor, Albany, NY 12229, (518) 474-1830, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Additional matter required by statute:
Pursuant to the requirements of the State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the environment, and an E.I.S. is not needed.
Consensus Rule Making Determination
OPWDD is changing the procedures for the submission of an application for a Certification of Need. The new process will require the submission of the required application by electronic means. The proposed regulation eliminates the specific requirement that the original application and eight copies be submitted as this will no longer be necessary. Language is also included to require that the submission be in the manner specified by OPWDD.
It is apparent from the subject matter of the rulemaking that no person is likely to object to the adoption of the rule as written.
Job Impact Statement
A job impact statement is not being submitted because it is evident from the subject matter of the rule making that there will be no impact on jobs and employment opportunities. OPWDD is merely changing the procedures for the submission of an application for a Certification of Need.
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