N.Y. Comp. Codes R. & Regs. tit. 10 § 710.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 710.6 - Determination by the commissioner

(a) After receipt of all the documentation and recommendations required in sections 710.4 and 710.5 of this Part, and the satisfaction of all applicable outstanding contingencies imposed on the approval relating to the project, the commissioner shall make a determination. If the commissioner proposes to disapprove an application or an amendment or issue a determination contrary to the recommendation of the local health systems agency, the opportunity to request a hearing shall be afforded to the applicant or the health systems agency, as appropriate, prior to a final decision. If the application is approved, the applicant may proceed to apply for approval to start construction of the project or specific project phases, if any, pursuant to section 710.7 of this Part.

(b) Any project cost incurred which exceeds a cost already approved under this Part shall not be considered an allowable cost for reimbursement pursuant to any of the provisions of Part 86 of this Title unless, prior to incurring such cost or entering into a contract to incur such cost, the applicant has requested, in a format prescribed by the department, and obtained, the written approval of the commissioner for such increased cost.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 710.6