Section 83-2.12 - Revocation

83-2.12 Revocation.

(a) The Department may revoke, at any time, the Certificate of Public Advantage, if any of the following occur:

(1) the Department, after consultation with the Attorney General and, as appropriate, the mental hygiene agencies, determines that the parties to a Certificate of Public Advantage have not complied with a condition or terms of such Certificate of Public Advantage;

(2) the Department, after consultation with the Attorney General and, as appropriate, the mental hygiene agencies, determines that the benefits or likely benefits of the Cooperative Agreement and the unavoidable costs of terminating the Agreement do not continue to outweigh the disadvantages or likely disadvantages resulting from the Agreement;

(3) the Attorney General or, as appropriate, the mental hygiene agencies, objects to the continuation of a Certificate of Public Advantage and the Department determines, after consultation with the Attorney General and, as appropriate, the mental hygiene agencies, that such objections are not overcome by modifying the Cooperative Agreement or planning process or changing the conditions imposed on the Certificate of Public Advantage. Any modifications or changed conditions must be satisfied by a date set or agreed to by the Department;

(4) the holder of a Certificate of Public Advantage fails to file a report required by this Subpart or fails to provide information requested pursuant to a review under this Subpart, after notice of default; or

(5) a change in state or federal law or regulations warrants revocation of the Certificate of Public Advantage.

(b) Upon a decision to revoke the Certificate of Public Advantage, the Department shall notify the parties to the Certificate of Public Advantage in writing of its determination, and any objections or concerns of the Department that are part of the basis for the determination. The parties to the Certificate of Public Advantage shall have 90 days to respond to such determination, and any objections or concerns. If the objections or concerns are not resolved to the satisfaction of the Department based on its review of such response, the Department may revoke the Certificate.

(c) If the Certificate is revoked, the parties shall be entitled to no benefits under Article 29-F of the Public Health Law and this Subpart, beginning on the date of revocation.

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