PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

This is a consensus rule making to amend Part 551 of Title 14 NYCRR.

Prior Approval Review for Quality and Appropriateness.

To repeal an outdated reference and establish consistency with Federal requirements regarding accessibility standards.

1. Subdivision (b) of Section 551.11 of Title 14 NYCRR is amended to read as follows:

(b) Projects which include new construction or substantial renovation as defined in section 551.4 of this Part shall meet the following requirements:

(1) the facility shall be designed and constructed to be readily accessible to, and usable by, persons with physical disabilities;

(2) the design of the facility shall meet the most current requirements of the [Uniform Federal Accessibility Standards (41 CFR, part 101-19.6, appendix A)] applicable sections of the Americans with Disabilities Act and the ADA Standards for Accessible Design (28 CFR parts 35 and 36);

(3) all common use space shall be accessible; and

(4) no less than five percent of the facility's occupancy, or at least one bedroom, whichever is greater, shall be accessible.

Sue Watson, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email: [email protected]

Same as above.

45 days after publication of this notice.

This rule making is filed as a Consensus rule on the grounds that its purpose is to make a technical change and comply with non-discretionary statutory requirements.

Part 551 of Title 14 NYCRR establishes the minimum standards necessary for entities seeking an operating certificate from the Office of Mental Health with respect to quality and safety of persons receiving mental health services. On September 15, 2010, the United States Department of Justice published revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) in the Federal Register. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design (“2010 Standards”). Effective March 15, 2012, compliance with the 2010 Standards is required for new construction and alterations to existing structures. Use of the “Uniform Federal Accessibility Standards” is no longer allowable. This consensus rule making is needed to repeal the outdated reference in Part 551 and establish consistency with Federal requirements.

Statutory Authority: Section 31.04 of the Mental Hygiene Law grants the Commissioner of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction and to establish procedures for the issuance and amendment of operating certificates. Section 31.23 of the Mental Hygiene Law establishes the criteria for the approval of facility programs, services and sites.

A Job Impact Statement is not submitted with this notice because it is evident from the subject matter of the rule making that there will be no impact upon jobs and employment opportunities. The rule making merely corrects an inaccurate reference in existing regulations and provides consistency with Federal requirements regarding accessibility standards for new construction and alterations of existing structures.