reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 31.33 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.33 - Mental Health Special Needs Plans.

* § 31.33 Mental health special needs plans.The  commissioner,  jointly  with the commissioner of health, shall be   authorized to issue a certificate  of  authority  to  operate  a  mental   health  special needs plan, in accordance with the procedures of section   forty-four hundred three-d of the public health law.* NB Repealed March 31, 2025
NY Ment Hygiene L § 31.35 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.35 - Review of Criminal History Information Concerning Certain Prospective Employees.

§ 31.35 Review   of  criminal  history  information  concerning  certain           prospective employees.  (a) Every provider of services who contracts with or  is  approved  or otherwise authorized by the office of mental health to provide services, except  (1)  a department facility, (2) a hospital as defined in article twenty-eight of the public health law, or (3)  a  licensed  professional under  title  eight  of the education law who does not have employees or volunteers  who  will  have  regular  and  substantial  unsupervised  or unrestricted  physical  contact  with  the clients of such provider, and every applicant  to  be  such  a  provider  of  services  except  (i)  a department  facility, (ii) a hospital as defined in article twenty-eight of the public health law, or (iii) a licensed professional  under  title eight of the education law who does not have employees or volunteers who will  have regular and substantial unsupervised or unrestricted physical contact with the clients  of  such  provider,  shall  request  that  the justice  center  for  the protection of people with special needs check, and upon such request such justice center shall  request  and  shall  be authorized  to  receive  from  the division of criminal justice services criminal history information, as such phrase is defined in paragraph (c) of  subdivision  one  of  section  eight  hundred  forty-five-b  of  the executive   law,  concerning  each  prospective  operator,  employee  or volunteer of  such  provider  who  will  have  regular  and  substantial unsupervised  or  unrestricted physical contact with the clients of such provider. For purposes of this section,  "operator"  shall  include  any natural person with an ownership interest in the provider of services.  (b) Access to and the use of such information shall be governed by the provisions of section eight hundred forty-five-b of the executive law.
NY Ment Hygiene L § 31.36 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.36 - Crisis Stabilization Services.

§ 31.36 Crisis stabilization services.The   commissioner  shall  be  authorized,  in  conjunction  with  the   commissioner of the office of addiction services and supports, to create   crisis stabilization centers within New York state  in  accordance  with   article  thirty-six  of  this title, including the promulgation of joint   regulations and implementation of a financing mechanism to allow for the   sustainable operation of such programs.
NY Ment Hygiene L § 32.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.01 - Regulation and Quality Control of Chemical Dependence Services.

§ 32.01 Regulation and quality control of chemical dependence services.This  article  sets  forth  provisions  enabling  the  commissioner to   regulate and assure the consistent high  quality  of  services  provided   within the state to persons suffering from chemical abuse or dependence,   their  families  and significant others, and/or those who are at risk of   becoming chemical abusers. The commissioner may adopt and promulgate any   regulation reasonably necessary to implement  and  effectively  exercise   the  powers  and  perform  the  duties  conferred  by this article. This   article shall govern the operation of programs,  provision  of  services   and  the facilities hereinafter described including those approved under   the former article twenty-three and the former sections 31.15, 31.23 and   31.24 of this chapter, and the commissioner's powers and authority  with   respect  thereto,  and  shall supersede, as to such matters, sections of   the former article twenty-three and article thirty-one of  this  chapter   that  are  inconsistent  with  the provisions of this chapter; provided,   however  valid  certificates  of  approval  and  operating  certificates   previously  issued under article twenty-three of this chapter or article   thirty-one of this title shall remain in full force and effect but shall   be  subject  to  conversion  upon  subsequent  review,  subject  to  the   provisions  of  subdivision  (b) of section 19.40 of this chapter. Valid   operating certificates previously issued under  section  19.40  of  this   chapter  shall remain in full force and effect and shall be deemed to be   operating certificates issued under this article and will  be  converted   to  such  operating  certificates upon subsequent review, subject to the   provisions of subdivision (b) of section  19.40  of  this  chapter.  For   purposes of this article, the term "commissioner" means the commissioner   of the office of alcoholism and substance abuse services.
NY Ment Hygiene L § 32.02 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.02 - Regulation and Quality Control of Compulsive Gambling Services.

§ 32.02 Regulation and quality control of compulsive gambling services.  (a)  The commissioner may adopt any regulation reasonably necessary to regulate and ensure high quality of services  to  individuals  suffering from compulsive gambling.  (b) The requirements of this article are applicable to this section.
NY Ment Hygiene L § 32.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.03 - Evaluation of Chemical Dependence Services.

§ 32.03 Evaluation of chemical dependence services.  (a)  The  commissioner  shall  ensure  that  all  chemical  dependence services provided under this chapter for persons who  abuse  and/or  are dependent on alcohol and/or substances are periodically evaluated.  (b)  The  commissioner  shall,  by regulations, establish and maintain evaluation criteria  and  methods  which  assure  the  utility  of  data generated in the evaluation of chemical dependence services in different areas  of  the  state  provided under this chapter for those persons who abuse or are dependent on alcohol and/or substances, including, but  not limited to:   1.  Uniform definitions of chemical dependence services to persons who abuse and/or are dependent on alcohol and/or substances;   2. Uniform objectives for all comparable chemical dependence  services and programs;   3.  Uniform definitions of screening, assessment, evaluation, level of care determination, admission and discharge for comparable providers  of services;   4. Uniform clinical reporting procedures; and   5. Uniform requirements for the generation and maintenance of data for all  individuals receiving services from any provider of services issued an operating certificate under this article.
NY Ment Hygiene L § 32.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.07 - Regulatory Powers of the Commissioner.

§ 32.07 Regulatory powers of the commissioner.  (a)  The  commissioner  shall  have  the power to adopt regulations to effectuate the provisions and purposes of this article,  including,  but not limited to, the following:   1.  establishing  classes  of  operating  certificates based upon such factors as physical plant, program, and staff;   2. specifying a definite period for which  the  operating  certificate will be in effect;   3.   prescribing   standards  of  quality  and  adequacy  of  chemical dependence  services  rendered  pursuant  to  an  operating  certificate including  but not limited to, qualifications for persons providing such services including moral  character,  competence  and  standing  in  the community,  record-keeping  requirements, reporting requirements, fiscal responsibility, public need, adequacy and quality of services, and  such other matters of public interest as the office shall deem appropriate;   4.   providing   for  ongoing  compliance  by  providers  of  chemical dependence  services  with  office  rules  and  regulations,   including procedures  for  the  limitation or revocation of any previously granted approval.  (b) Nothing herein shall affect the powers and duties of  other  state agencies  to  carry out their responsibilities and functions pursuant to the requirements of applicable laws.
NY Ment Hygiene L § 32.11 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.11 - Child Abuse Prevention.

§ 32.11 Child abuse prevention.   All  providers  of  services  described  in subdivision (a) of section 32.05 of this article, shall:  (a) develop, maintain and disseminate written policies and  procedures pursuant  to  title  six  of  article six of the social services law and applicable provisions of article ten of the family court act,  regarding the  mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for  taking  a child  into  protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report, and obligations for the provision of services and procedures necessary to safeguard the life  or health of the child; and  (b)  establish,  and implement on an ongoing basis, a training program for all current and new employees regarding the policies and  procedures established pursuant to this section.
NY Ment Hygiene L § 32.13 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.13 - Investigations and Inspections.

§ 32.13 Investigations and inspections.The  commissioner  shall have the power to conduct investigations into   the operations of providers of  services  which  are  required  by  this   article  to  have  operating  certificates  and  to make inspections and   examine records, including, but not limited  to,  clinical  and  medical   service  and  financial  records of facilities to determine whether such   providers of services are complying with the provisions of this  chapter   and  applicable  laws, rules, and regulations. Inspections shall be made   as frequently as the commissioner may deem necessary, but in  any  event   such  inspections  shall  be  made on at least two occasions during each   calendar year, one of which shall be without prior notice, for providers   of services which have been issued operating certificates of one  year's   duration  or  longer; and at least once during the term of the operating   certificate for providers of services which have been  issued  operating   certificates of less than a year's duration; and provided, further, that   where,  in  the discretion of the commissioner, an operating certificate   of more than one year's duration  has  been  issued  to  a  provider  of   services  with  a history of compliance and a record of providing a high   quality of care, the periodic inspection and visitation required by this   section shall be made at least once during each calendar year,  provided   such visits shall be without prior notice.
NY Ment Hygiene L § 32.15 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.15 - Powers of the Office Regarding Investigation and Inspection.

§ 32.15 Powers of the office regarding investigation and inspection.  (a)  In conducting an investigation or inspection, the commissioner or his or her authorized representative shall have  the  power  to  inspect facilities,  examine  records,  conduct examinations and interviews, and obtain such other information as may be required in order to  carry  out his or her responsibilities under this article.  (b)  All  investigations  and inspections of clinical records shall be made  by  persons  competent  to   conduct   such   investigations   and inspections.   Information obtained by the commissioner from the records of patients receiving services shall be kept confidential in  accordance with applicable federal and state confidentiality laws and regulations.
NY Ment Hygiene L § 32.17 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.17 - Certain Duties of Providers of Services.

§ 32.17 Certain duties of providers of services.   It  shall  be  the duty of every holder of an operating certificate to assist both the office and the commission on quality  of  care  for  the mentally  disabled in carrying out their respective and joint regulatory functions by:  (a) complying with the provisions of this  chapter,  other  applicable federal,  state,  and  local  laws,  rules,  and  regulations,  and  the regulations of the commissioner.  (b)  consistent  with  federal  and  state  confidentiality  laws  and regulations,  making  such reports as are required by the office as well as those necessary to provide notification to the district  attorney  or other  appropriate  law enforcement official and the commissioner or his or her authorized representative as soon as possible, or  in  any  event within  three  working  days,  if  it appears that a crime may have been committed by program personnel against a patient receiving services from such provider, and/or if a crime may  have  been  committed  by  program personnel  against  any  person  on such provider's premises, and making such other reports, uniform  and  otherwise,  as  are  required  by  the commissioner or his or her authorized representative with respect to its operations. Information obtained by the commissioner from the records of patients  receiving  services  shall  be kept confidential in accordance with applicable federal and state confidentiality laws and regulations.  (c) cooperating  with  the  commissioner  or  his  or  her  authorized representative  and  the  commission on quality of care for the mentally disabled or any representative authorized by  the  chairperson  of  such commission   in   any  investigation  or  inspection  conducted  by  the department or commission on quality of care for the mentally disabled.  (d)  permitting  the   commissioner   or   his   or   her   authorized representative  and  the  commission on quality of care for the mentally disabled or any representative authorized by  the  chairperson  of  such commission  to inspect its facility and all books and records, including patient records, kept by it and to interview and examine any patient  at its  facility  except that no patient may be examined against his or her will.
NY Ment Hygiene L § 32.17-A (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.17-A - Notification of Emergency Contact.

§ 32.17-a Notification of emergency contact.Every  certified treatment program shall notify every patient of their   right to identify  individuals  who  should  be  contacted  in  case  of   emergency, as such term is defined by the commissioner.
NY Ment Hygiene L § 32.19 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.19 - Powers of Subpoena and Examination.

§ 32.19 Powers of subpoena and examination.In  conducting  any  investigation,  inspection, or hearing under this   chapter, the commissioner and his or her authorized  representative  are   empowered  to  subpoena  witnesses,  compel their attendance, administer   oaths to witnesses,  examine  witnesses  under  oath,  and  require  the   production  of any books or papers deemed relevant to the investigation,   inspection, or hearing. A subpoena issued under this  section  shall  be   regulated  by  the  civil practice law and rules. The confidentiality of   information obtained by the commissioner from patient's records shall be   maintained   in   accordance   with   applicable   federal   and   state   confidentiality laws and regulations.
NY Ment Hygiene L § 32.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.21 - Suspension, Revocation, or Limitation of Operating Certificates and Imposition of Fines.

§  32.21 Suspension, revocation, or limitation of operating certificates            and imposition of fines.  (a) The commissioner  may  revoke,  suspend,  or  limit  an  operating certificate  upon a determination that the holder of the certificate has failed to comply with the terms of its operating certificate or with the provisions of any applicable statute, rule, or regulation. The holder of the certificate shall be given notice and an  opportunity  to  be  heard prior to any such determination.  (b)  The  commissioner may impose a fine of up to one thousand dollars upon a finding that the holder of the certificate has failed  to  comply with  the  terms  of its operating certificate or with the provisions of any applicable statute, rule or regulations.  (c) The penalty provided for in subdivision (b) of this section may be recovered by an action brought by  the  commissioner  in  any  court  of competent jurisdiction.  (d)  Such  penalty  may be released or compromised by the commissioner before the matter has been referred to the attorney general,  and  where such  matter has been referred to the attorney general, any such penalty may be released or compromised and any action commenced to  recover  the same  may  be  settled  or discontinued by the attorney general with the consent of the commissioner.  (e) It shall be the duty of the attorney general upon the  request  of the commissioner to bring an action for an injunction against any person who  violates,  disobeys  or  disregards  any  term or provision of this chapter or of any lawful notice, order or regulation  pursuant  thereto; provided,  however,  that  the  commissioner  shall furnish the attorney general with such material,  evidentiary  matter  or  proof  as  may  be requested by the attorney general for the prosecution of such an action.  (f)  Pending  a  determination pursuant to the foregoing subdivisions, the commissioner may, upon written notice to the holder thereof, suspend an operating certificate for not more than thirty days if he or she  has reasonable  grounds  for  finding  that  the  continued operation of the facility presents an immediate danger to the health and welfare  of  the public or of any of the persons receiving the services.  (g)   The   commissioner   shall   promulgate  rules  and  regulations establishing procedures for the imposition  of  fines,  and  suspension, revocation or limitation of operating certificates.
NY Ment Hygiene L § 32.23 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.23 - Formal Hearings; Procedure.

§ 32.23 Formal hearings; procedure.  (a)  Unless otherwise provided by law, when a hearing must be afforded pursuant to this article, the hearing shall be held without undue  delay and all parties shall be given reasonable notice of the time, place, and nature of the hearing.  (b)  The  commissioner,  acting  as  hearing  officer,  or  any person designated by him or her as hearing officer shall have power to:   1. administer oaths and affirmations;   2. issue subpoenas, which shall be regulated by the civil practice law and rules;   3. take testimony; and   4. control the conduct of the hearing.  (c) The rules of evidence observed by the courts need not be  observed except that the rules of privilege and confidentiality recognized by law shall  be  respected.  Irrelevant  or unduly repetitious evidence may be excluded.  (d) All parties shall have the right to counsel  and  be  afforded  an opportunity to present evidence and cross-examine adverse witnesses.  (e)  If evidence at the hearing relates to the identity, condition, or clinical record of a  patient,  the  hearing  officer  may  exclude  all persons  from  the  room except parties to the proceeding, their counsel and the witnesses. The record of such proceeding shall not be  available to anyone outside the office other than a party to the proceeding or his or her counsel, except by order of a court of record.  (f)  If  a  hearing officer has been designated, within twenty days of receipt of the stenographic transcript or the date fixed for  submission of  written  memoranda,  whichever  is  later, the hearing officer shall submit  a  final  report  of  findings  and  a  proposed  order  to  the commissioner, along with the entire record of the hearing.  (g)  The  commissioner shall issue a determination within ten business days after the termination of the hearing or, if a hearing  officer  has submitted  a  report in accordance with subdivision (f) of this section, within ten business days from receipt of such officer's report.  (h) The commissioner may establish regulations to govern  the  hearing procedure and the process of determination of the proceeding.