New York OASAS Operating Certificate: Part 810 Review Steps

How New York's OASAS certifies a new SUD program under 14 NYCRR Part 810: full vs administrative review, approval standards, review clocks, leases and renewal.

As of October 2026. OASAS has proposed amendments to Part 810 that would change which projects fall into each review track. This article describes the rule as currently adopted; check for a Notice of Adoption before you file.

If you plan to open a substance use disorder (SUD) program in New York, or add a level of care or a site to one you already run, the approval you need is an operating certificate from the New York State Office of Addiction Services and Supports (OASAS). The procedure lives in 14 NYCRR Part 810. New York's OASAS operating certificate comes through one of two Part 810 review tracks: full review for a provider OASAS has never certified, and administrative review for an existing provider adding a service, location, capacity or relocation. Which track your project lands in sets who reviews it, how many steps it passes through and how you budget the launch date.

This guide is written for executive directors, COOs and compliance leads at residential, withdrawal management, outpatient and IOP programs, including multi-site groups. For the broader New York picture (OASAS and OMH licensing, Medicaid and payer rules), see the New York state guide.

Who certifies SUD programs in New York

OASAS is the state agency that certifies addiction treatment services. The OASAS rule page for Part 810 opens with the core principle: an existing or prospective provider gets the commissioner's prior approval before establishing, incorporating or constructing a facility or offering a service. The output of that approval is an operating certificate that lists the services you are authorized to run.

Two points matter for planning:

• The certificate is service-specific. Adding a new service, raising capacity where capacity appears on the certificate, or moving a service to a new address each triggers a Part 810 application.
• The effective date controls. Under Part 810.8 and 810.9, approved services cannot start until the effective date shown on the operating certificate, so an approval letter alone does not open the doors.

Mental health programs are a separate system. The New York State Office of Mental Health (OMH) licenses mental health programs under a different article of the Mental Hygiene Law, so a group running both SUD and mental health services in New York manages two certification processes.

How do I get a substance abuse treatment facility license in New York? Full review vs administrative review

The first planning question is which review track applies. Part 810 sorts every application into one of two.

Full review (Part 810.5) applies to:

1. Establishment of any service by a prospective provider OASAS has not previously certified to provide addiction services.
2. Any transfer, assignment or other disposition of 10 percent or more of the stock or voting rights of a business corporation that operates an authorized service, or any transfer that results in someone owning or controlling more than 10 percent.
3. Any capital project by a certified voluntary provider that needs a new or amended operating certificate.

Administrative review (Part 810.6) applies to:

1. A new service by an existing certified provider, including an additional location application under 810.13(c).
2. An increase in capacity where capacity appears on the operating certificate.
3. Relocation of any certified service.
4. A capital project by a certified voluntary provider that uses a funding source other than the mental health services facilities program through the Dormitory Authority of the State of New York.

A new entrant to New York, including an operator certified in other states but not by OASAS, starts in full review. An operator already certified by OASAS that wants to add withdrawal management at an existing campus, or open an outpatient satellite, usually starts in administrative review. Part 810.5(b) also bars splitting a full-review project into smaller administrative applications, and OASAS may combine separate applications to see the whole project.

A rule change is pending

OASAS has proposed amendments to Part 810; the proposed amendments page says they were "published in the State Register on June 17, 2026." As proposed, they would add a new sponsor that becomes the governing authority over an existing provider to full review, and add mergers between certified providers, added physical space at a certified site, and transfers of certified services to another certified provider to administrative review. They were still listed as proposed in late October 2026. If your project is a merger, an acquisition by a new parent or an expansion of space, confirm the adopted text before you pick a track.

What OASAS has to find before it approves

Part 810.7 sets the same approval standards for both tracks. Under 810.7(a), OASAS approves a project only if it finds all of the following:

• Public need for the services at the time and place proposed.
• No available facilities or services that serve as alternatives or substitutes.
• No substantiated negative findings on the character, competence and standing of the applicant.
• Financial resources and future revenue sources adequate for capital and operating expenses.
• Services that will comply with applicable laws and OASAS regulations.
• Ten percent of the owners or principals have demonstrated prior substantial experience directly providing or managing SUD treatment services, and will keep that experience while certified.
• Owners or principals have passed a criminal history information review under Part 805.

Part 810.7(b) adds factors OASAS weighs: whether the project conforms to local and statewide plans (including plans for Medicaid managed care), whether existing similar services can meet regulatory standards, and other public-interest matters. Part 810.7(c) adds three more standards: a named management-level staff person responsible for diversity, equity and inclusion requirements, a needs assessment of the catchment area that identifies unserved and underserved communities, and a showing that the provider is addressing barriers to access for those communities.

For an executive team, the practical read is that need, experience and money are the three tests that sink applications. Build the needs assessment from the catchment area you will actually serve, document the SUD treatment experience of the owners or principals who meet the 10 percent test, and show a funding plan that covers both the build-out and the months before reimbursement steadies.

Timeline: completeness, local review, Advisory Council and decision

Part 810 sets clocks for individual steps. It does not promise a total elapsed time, so build your launch plan on the steps rather than a single number.

Full review (Part 810.8):

1. Threshold review. OASAS checks that no component is missing. An incomplete application is returned, and you can resubmit.
2. Completeness review. OASAS notifies you of missing or insufficient information within 14 days of receiving the application. The rule then gives you a reasonable time to respond, which Part 810.8 defines as "thirty (30) days from date of receipt" while also measuring it "from the date of such notification." Read that as ambiguous and answer fast. An application that misses the deadline is deemed abandoned and withdrawn. If a Part 805 criminal history review applies, the application is not complete until that review concludes.
3. Local governmental unit review. OASAS sends the completed application to each local governmental unit in the project area, which has a reasonable time to send recommendations. Part 810.8 states no number of days for this step.
4. Behavioral Health Services Advisory Council. A summary with each reviewer's recommendation goes to the Advisory Council, which recommends to the commissioner.
5. Commissioner decision. The commissioner decides within 15 days of receiving the Advisory Council's recommendations.
6. Follow-up procedures. You have 180 days after the decision to complete any additional procedures, or the application is deemed abandoned.

Administrative review (Part 810.9) follows the same threshold and completeness steps, then gives the local governmental unit 14 days to review and recommend. There is no Advisory Council step. If the local unit recommends against the project, OASAS renders a decision, and you can request an administrative appeal under Part 831.

In both tracks, a proposed denial or limitation comes with an opportunity for an administrative appeal under Part 831.

Leases, construction and capital projects

Site control is where Part 810 gets specific. Under Part 810.7(e), a lease for space where services will be provided includes landlord language stating that re-entry rights do not let the landlord operate an addiction services program, plus at least 30 days' notice to OASAS by certified mail before re-entry or dispossess proceedings and at least 60 days' notice before the lease expires.

The term matters too. Part 810.7 asks for a term long enough to ensure program continuity, with an option to renew, and says a month-to-month term does not qualify. Longer terms may apply if OASAS funds a capital project. Raise this language with the landlord early, because a signed lease without it can stall an otherwise complete application.

For construction, Part 810.7(d) lets OASAS ask for detailed architectural schematic drawings showing, among other things, that there is no more efficient architectural solution, that the construction will not adversely affect the cost of providing services, and that it conforms to applicable federal, state and local law. Budget design time for that submission if your project involves a build-out.

Additional locations for outpatient programs

A certified outpatient addiction provider in New York can add sites without a new certificate for each one. Under Part 810.13(c), the commissioner can approve one or more additional locations, reviewed on the administrative track.

The rule defines an additional location as a public-facing outpatient site that depends on and is subordinate to the main location for operation, administration and supervision. That structure shapes staffing and workflow:

• Utilization review and case supervision are done by professional staff of the main location.
• Patient evaluation and medical services are also done by main-location professional staff, unless that is impractical.
• Each site needs enough space and qualified staff for the planned type and volume of services during open hours.
• Policies describe the subordinate relationship and give each person served at an additional location access to the same character and quality of service as at any other location.

If OASAS proposes to limit approval, or the local governmental unit recommends against the site, OASAS offers the applicant the option of full review instead. Multi-site operators should plan for that possibility in the schedule. The multi-location operations checklist covers the operational side of adding sites in sequence. Groups that also run Article 31 mental health clinics face the same question on that side, and the Article 31 satellite clinic setup checklist walks through testing a new site's scheduling, encounters, billing and reports.

The one-year initial certificate, inspections and renewal

Approval is the start of the oversight cycle, not the end. Under Part 810.8 and 810.9, an initial operating certificate for new services is issued for no longer than one year.

Part 810.14 sets the inspection rhythm. Certified providers are inspected at least twice a year, once without notice. OASAS may inspect providers with an established record of substantial compliance once a year, without notice. Before a certificate expires, OASAS runs an unannounced recertification review covering facility conditions, the governing authority, staff and patient interviews, staffing patterns and credentials, and compliance with Part 836, plus a fiscal viability review of the provider's financial information.

The renewal term is set by the lower rating on those two reviews, so a strong clinical survey does not offset weak financials. After any inspection, OASAS sends a written report within 45 days, and you may be asked for a corrective action plan with a timetable. Any fines imposed by the commissioner are paid in full before a certificate can be renewed under Part 810.14.

For programs that run several levels of care, such as residential, withdrawal management and outpatient on one campus, it helps to map each service to the ASAM criteria you staff and document to. Our overview of ASAM levels of care is a starting point.

Where Ease fits once you are certified

An operating certificate lets you open; running several services and sites day to day is a records and billing problem. Ease is one product for CRM, EHR and RCM, with one login and one patient record. A multi-site group runs every location on one instance, with each site carrying its own state, NPI and billing provider, and admins configure which levels of care each site offers so clinicians see the relevant options. More on running several sites is in EHR for multi-state behavioral health groups and the multi-location guide, and you can see how Ease approaches residential treatment.

Planning checklist for a New York Part 810 application

1. Decide the track: new to OASAS or an ownership change of 10 percent or more points to full review; a new service, site, capacity increase or relocation by a certified provider points to administrative review.
2. Check the status of the proposed Part 810 amendments if your project is a merger, a new parent entity or added space.
3. Assemble the 810.7 evidence: catchment-area needs assessment, owner or principal SUD experience, financial plan, and the named diversity, equity and inclusion lead.
4. Start Part 805 criminal history reviews early, since the application is not complete until they conclude.
5. Put the Part 810.7(e) landlord language in the lease and avoid month-to-month terms.
6. Plan staffing so that the main location covers utilization review and case supervision for any additional outpatient site.
7. Set the launch date from the operating certificate's effective date, then prepare for the twice-yearly inspection cycle and first-year renewal.

Frequently Asked Questions

Who licenses substance use disorder treatment programs in New York?

The New York State Office of Addiction Services and Supports (OASAS) certifies them. Under 14 NYCRR Part 810, an existing or prospective provider gets the OASAS commissioner's prior approval before establishing a facility or offering a service, and the result is an operating certificate.

What is the difference between full review and administrative review under Part 810?

Full review (810.5) covers a provider OASAS has never certified, transfers of 10 percent or more of a business corporation's stock or voting rights, and certain capital projects by certified voluntary providers. Administrative review (810.6) covers an existing certified provider adding a service or additional location, increasing certified capacity, or relocating a service.

How long does OASAS take to approve a Part 810 application?

Part 810 sets individual clocks rather than a total timeline. OASAS sends a completeness notice within 14 days of receipt, the commissioner decides within 15 days of receiving the Advisory Council's recommendation in full review, local review in administrative review is 14 days, and the applicant has 180 days after a full-review decision to finish the remaining steps. Local review in full review has no stated number of days.

Can a certified outpatient provider in New York open a second site without a new operating certificate?

Under Part 810.13(c), a certified outpatient addiction provider can apply for an additional location, reviewed on the administrative track. The additional location stays subordinate to the main location, and utilization review and case supervision are done by professional staff of the main location.

How long is an initial OASAS operating certificate valid?

Part 810 issues an initial operating certificate for no longer than one year. Renewal follows an unannounced recertification review and a fiscal viability review, and the renewal term is based on the lower rating of the two.