NY Ment Hygiene L § 43.02 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 43 - Fees for Services 43.02 - Rates or Methods of Payment for Services at Facilities Subject to Licensure or Certification by the Office of Mental Health, the Office for People With Developmental Disablities or the Office of Alcoholism and Substance Abuse Services.

§  43.02 Rates  or methods of payment for services at facilities subject            to licensure or certification by the office of mental health,            the office for people with developmental disabilities or  the            office of alcoholism and substance abuse services.  (a) Notwithstanding any inconsistent provision of law, payment made by government  agencies  pursuant  to  title  eleven of article five of the social services law for services provided by any  facility  licensed  by the  office  of  mental  health  pursuant  to article thirty-one of this chapter or certified by the office of  alcoholism  and  substance  abuse services   pursuant  to  this  chapter  to  provide  inpatient  chemical dependence services, as defined in section 1.03 of this  chapter,  shall be  at  rates  or  fees  certified by the commissioner of the respective office and approved by the director  of  the  division  of  the  budget, provided,  however,  the  commissioner  of  mental health shall annually certify such rates or fees which  may  vary  for  distinct  geographical areas  of  the  state  and,  provided,  further,  that rates or fees for service  for  inpatient  psychiatric  services  or  inpatient   chemical dependence services, at hospitals otherwise licensed pursuant to article twenty-eight of the public health law shall be established in accordance with  section  two thousand eight hundred seven of the public health law and, provided, further, that rates or fees for services provided by  any facility  or  program  licensed,  operated or approved by the office for people with  developmental  disabilities,  shall  be  certified  by  the commissioner of health; provided, however, that such methodologies shall be  subject  to  approval  by  the  office for people with developmental disabilities and shall take into account the policies and goals of  such office.  (b)  Operators  of  facilities licensed by the office of mental health pursuant to article thirty-one of this chapter, licensed by  the  office for  people  with developmental disabilities pursuant to article sixteen of this chapter or certified by the office of alcoholism  and  substance abuse  services  pursuant  to this chapter to provide inpatient chemical dependence services shall provide to the commissioner of the  respective office  such  financial,  statistical  and  program  information  as the commissioner may determine to be  necessary.  The  commissioner  of  the appropriate  office  shall  have  the power to conduct on-site audits of books and records of such facilities.  (c) The commissioner of the office of mental health, the  commissioner of  the  office  for  people  with  developmental  disabilities  and the commissioner of the office of alcoholism and  substance  abuse  services shall  adopt  rules and regulations to effectuate the provisions of this section. Such rules and regulations shall include, but  not  be  limited to, provisions relating to:  (i)  the  establishment  of  a uniform statewide system of reports and audits relating to the quality of care  provided,  facility  utilization and  costs  of  providing  services; such a uniform statewide system may provide for appropriate variation in the application of  the  system  to different  classes or subclasses of facilities licensed by the office of mental health pursuant to article thirty-one of this chapter or licensed or operated by the office for  people  with  developmental  disabilities pursuant  to article sixteen of this chapter, or certified by the office of alcoholism and substance abuse services pursuant to this  chapter  to provide inpatient chemical dependence services; and  (ii) methodologies used in the establishment of the schedules of rates or   fees   pursuant   to  this  section  provided,  however,  that  the commissioner of health  shall  adopt  rules  and  regulations  including methodologies  developed  by  him  or  her  for services provided by any facility or program licensed, operated or approved  by  the  office  for  people  with  developmental  disabilities;  provided, however, that such rules and regulations shall be subject to the approval of the office for people with developmental disabilities and shall take into  account  the policies and goals of such office.