NY Ment Hygiene L § 19.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 19 - Office of Alcoholism and Substance Abuse 19.21 - Programs, Services, and Operation of Facilities Certified or Licensed by the Office of Alcoholism and Substance Abuse Services; Temporary Emergency Op

§ 19.21 Programs,  services,  and  operation  of facilities certified or           licensed by the  office  of  alcoholism  and  substance  abuse           services;   temporary  emergency  operating  certificates  and           licenses.  (a) The office shall inspect and approve or disapprove the  facilities of  and  the  services  provided by alcoholism programs, substance abuse programs, and chemical dependence programs, and any program or  facility purporting to provide such services.  (b)  The office shall redefine and develop, establish, promulgate, and enforce certification, inspection, licensing,  and  treatment  standards for  chemical dependence facilities and staff, which shall be applied in addition to any other standards for any other services provided by  such facilities,  and  which shall be applicable to any facility providing or purporting to provide as part or all  of  a  program  of  services,  any services  for  the  alleviation of the conditions of alcoholism, alcohol abuse,  substance  abuse,  substance  dependence,  chemical  abuse,   or chemical  dependence.    Where appropriate, such standards shall provide for priority of admission for persons whose children have been placed in foster care or are in jeopardy of being so placed  pursuant  to  article ten of the family court act or article six of the social services law.  (c)  The office shall have the authority to assist, through counseling or  referral,  and  cause  assistance  to  be  provided  to,  recovering alcoholic  persons;  or  former  alcohol  abusers, substance abusers, or substance  dependent  persons;  or  other  persons  who  have   received alcoholism,  substance  abuse,  or  chemical  dependence  services, with respect to any right or privilege impaired, suspended, or forfeited as a result of alcoholism; or past substance abuse, substance dependence,  or chemical  dependence;  or  the receipt of such services, in securing the benefits of any  non-discrimination  laws  or  policies  regarding  such persons enacted or adopted by federal, state or local governments.  (d)  The  office  shall establish reasonable performance standards for all providers of alcoholism, substance abuse,  and  chemical  dependence services which are certified by such office pursuant to this title.  (1) Such standards shall:  (i)  take  into  consideration  program  resources  and the functional severity of patients served; and  (ii) be clearly defined and developed in consultation  with  certified providers  of  alcoholism,  substance  abuse,  and  chemical  dependence services.  (2)  The  office  shall  promulgate  regulations  to   implement   the provisions of this subdivision which:  (i)  establish  criteria  to  assess  alcoholism, substance abuse, and chemical dependence  treatment  effectiveness  in  accordance  with  the standards  developed  pursuant  to  this  subdivision, including but not limited to criteria regarding client retention, completion  of  program, and outcome results; and  (ii)  establish  a  procedure  to  be  implemented  by such office for reviewing and evaluating performance of certified providers  of  service in a consistent and objective manner.