Section 83-2.10 - Review after issuance of Certificate of Public Advantage

83-2.10 Review after issuance of Certificate of Public Advantage.

(a) The Department shall review each periodic report, application for renewal, and any information submitted in response to a request under this Subpart, and consult with the Attorney General and, as appropriate, the mental hygiene agencies, to determine, based on the factors set forth in section 83-2.5 of this Subpart, whether:

(1) the benefits or likely benefits of the Cooperative Agreement or the planning process continue to outweigh the disadvantages or likely disadvantages that flow from the Cooperative Agreement or planning process; and

(2) the parties to the Cooperative Agreement or planning process are in compliance with the conditions imposed on the Certificate of Public Advantage.

(b) If upon review of a periodic report or application for renewal and any information submitted in response to a request, or at any time following the issuance of a Certificate of Public Advantage, it appears to the Department, in consultation with the Attorney General and, as appropriate, the mental hygiene agencies, that the parties to the Cooperative Agreement or planning process have failed to comply with any condition of the Certificate or that the benefits or likely benefits resulting from a Cooperative Agreement or planning process no longer outweigh the disadvantages or likely disadvantages resulting from the Agreement, the Department shall advise the parties to the Agreement and request any documentation or information necessary to complete a review of the matter.

(c) The parties must supply any additional documentation or information requested by the Department within 30 days, or any other stated time frame, of such request, or must obtain from the Department an extension of the time in which to provide such documentation or information which is requested. Any request for an extension of time shall set forth reasons why such documentation or information could not be obtained within the prescribed time. The granting of a request for an extension shall be at the discretion of the Department. Failure to provide such documentation or information within the time prescribed or as extended by the Department may result in revocation of the Certificate of Public Advantage pursuant to section 83-2.12 of this Subpart.

(d) Following a review of a periodic report, an application for renewal, or of information submitted in response to a request made pursuant to this Subpart, if the Department determines, in consultation with the Attorney General and, as appropriate, the mental hygiene agencies, that the standards set forth in subdivision (a) of this section are satisfied, the Certificate of Public Advantage shall be continued or, if appropriate, renewed.

(e) The Department may, in consultation with the Attorney General and the mental hygiene agencies, as appropriate, at any time following the issuance of a Certificate of Public Advantage, require modifications to the Cooperative Agreement or the planning process and impose changes in the conditions of the Certificate of Public Advantage to promote the goals of Article 29-F of the Public Health Law and assure that the benefits or likely benefits of the Cooperative Agreement or planning process continue to outweigh the disadvantages or likely disadvantages.

(f) The parties shall be notified in writing of the Department's decision and any required modifications to the Cooperative Agreement or planning process and/or changes in the conditions of the Certificate of Public Advantage and shall be given an opportunity to implement any required modifications by a date set by the Department.

Effective Date: 
Wednesday, December 17, 2014
Doc Status: 
Complete