N.Y. Comp. Codes R. & Regs. tit. 8 § 246.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 246.5 - Construction of rehabilitation facilities

(a) Purpose. The purpose of this section is to provide for the construction of new buildings to serve as rehabilitation facilities or to replace and/or expand space in existing rehabilitation facilities.

(b) Definitions. As used in this section:

(1) Agency means the New York State Education Department.

(2) Rehabilitation facility means a facility which is operated for the primary purpose of providing vocational rehabilitation services or independent living services to handicapped individuals, and which provides singly or in combination one or more of the following Office of Vocational and Educational Services for Individuals with Disabilities approved services for handicapped individuals:

(i) vocational rehabilitation services, which shall include management, medical, psychological, social and vocational services;

(ii) testing, fitting, or training in the use of prosthetic and orthotic devices;

(iii) prevocational conditioning or recreational therapy;

(iv) physical and occupational therapy;

(v) speech and hearing therapy;

(vi) psychological and social services;

(vii) evaluation of rehabilitation potential;

(viii) personal and work adjustment;

(ix) vocational training with a view toward career advancement in combination with other rehabilitation services;

(x) evaluation or control of specific disabilities;

(xi) orientation and mobility services and other adjustment services to the blind;

(xii) transitional or extended employment for those handicapped individuals who cannot be readily absorbed in the competitive labor market; and

(xiii) comprehensive services for independent living, including, as appropriate:

(a) intake counseling to determine the client's need for specific rehabilitation services;

(b) referral and counseling services with respect to attendant care;

(c) counseling and advocacy services with respect to legal and economic rights and benefits;

(d) independent living skills, counseling and training, including such programs as training in the maintenance of necessary equipment and in job-seeking skills, counseling on therapy needs and programs and special programs for the blind and deaf;

(e) housing and transportation referral and assistance;

(f) surveys, directories and other activities to identify appropriate housing and accessible transportation and other support services;

(g) health maintenance programs;

(h) peer counseling;

(i) community group living arrangements;

(j) education and training necessary for living in the community and participating in community activities;

(k) individual and group social and recreational activities;

(l) other programs designed to provide resources, training, counseling, services or other assistance of substantial benefit in promoting the independence, productivity and quality of life of handicapped individuals;

(m) attendant care and training of personnel to provide such care; and

(n) such other services as may be necessary and not inconsistent with the provisions of this Part.

(3) Construction means construction of a new building, acquisition of an existing building or the expansion, remodeling, alteration or renovation of existing buildings which are to be utilized for rehabilitation facilities purposes, as described in paragraph (2) of this subdivision; or the acquisition of initial equipment for such new, newly acquired, newly expanded, remodeled, altered or renovated buildings.

(c) Consistency with State rehabilitation facilities planning. The agency shall determine, prior to agency approval for the construction of a rehabilitation facility, the following:

(1) the need for the addition of new rehabilitation facility services in the geographic location to be served by the facility;

(2) the consistency of the development of the new or expanded rehabilitation facility with State rehabilitation facilities plans;

(3) the degree to which the new or expanded rehabilitation facilities would duplicate services currently available in the geographic area; and

(4) the availability of appropriate staffing and financial support resources in the geographic area.

(d) Adherence to standards. To be eligible for support for construction projects, the rehabilitation facility shall meet the minimum standards contained in section 246.4(d)(1)-(8) of this Part.

(e) Filing of an application. Each applicant for construction shall file an application on forms prepared by the agency and include as a minimum the following:

(1) purpose and need for the new, expanded, altered, remodeled or renovated facility;

(2) organization and administration;

(3) program of services and the impact of the proposed construction upon those services;

(4) staffing of facility and the impact of the proposed construction upon that staffing;

(5) physical plant and the impact of the proposed construction upon that existing physical plant;

(6) equipment and the impact of the proposed construction upon that equipment;

(7) budgeting and finance and the impact of the proposed construction upon the existing budget and financial management of the facility;

(8) fiscal controls, records and reports and the impact of the proposed construction upon the existing fiscal controls, records and reports of the facility;

(9) assurance of nondiscrimination; and

(10) assurance of affirmative action.

(f) State assessment. The State agency shall assess the rehabilitation facilities fiscal and administrative capability to complete the construction project.

(g) Agency financial participation. Approval of construction for a new or existing facility by the agency does not assure agency participation in the funding or utilization of that facility. Total financial participation if approved by the agency for a given year for all construction projects, shall not exceed 10 percent of the State's allotment for such year under section 110 of the Rehabilitation Act of 1973, as amended.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 246.5