N.Y. Comp. Codes R. & Regs. Tit. 10 § 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.
Notes
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