reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 30.04 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 30 - Comprehensive Care Centers for Eating Disorders 30.04 - Qualifying Criteria.

§ 30.04 Qualifying criteria.  (a)  In  order  to qualify for state identification as a comprehensive care center for eating disorders pursuant to  this  article,  applicants must demonstrate to the commissioner's satisfaction that, at a minimum:   1.  The  applicant  can  provide  a  continuum of care tailored to the specialized needs  of  individuals  with  eating  disorders,  with  such continuum including at least the following levels of care:  (i)  Individual  health, psychosocial and case management services, in both noninstitutional and  institutional  settings,  from  licensed  and certified  practitioners  with  demonstrated experience and expertise in providing services to individuals with eating disorders;  (ii)  Medical/surgical,  psychiatric  and  rehabilitation  care  in  a general  hospital  or  a  hospital licensed under this chapter; provided that, whenever practicable and appropriate, the service setting for  any such  care  shall  be  oriented  to  the  specific  needs, treatment and recovery of persons with eating disorders;  (iii) Residential care and  services  in  a  residential  health  care facility  licensed  under article twenty-eight of the public health law, or a facility licensed under article thirty-one of  this  chapter  which will  provide a program of care and service setting that is specifically oriented to the needs of individuals with eating disorders;   2. The care of individuals will be managed  and  coordinated  at  each level and throughout the continuum of care;   3.   The  applicant  is  able  to  conduct  activities  for  community education, prevention, information/referral and research; and   4. The applicant meets such additional criteria as are established  by the commissioner.  (b) Eligible applicants shall include but are not limited to providers licensed  under article twenty-eight of the public health law or article thirty-one of this chapter or  health  or  mental  health  practitioners licensed under title eight of the education law.  (c) The commissioner shall seek the recommendation of the commissioner of  health  prior  to  identifying  an applicant as a comprehensive care center under this article.
NY Ment Hygiene L § 30.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 30 - Comprehensive Care Centers for Eating Disorders 30.05 - State Identification of Comprehensive Care Centers for Eating Disorders; Commissioner's Written Notice.

§ 30.05 State  identification  of  comprehensive care centers for eating           disorders; commissioner's written notice.  (a)  The  commissioner  shall  identify   a   sufficient   number   of comprehensive  centers  to  ensure  adequate  access  to services in all regions of the  state,  provided  that,  to  the  extent  possible,  the commissioner  shall  identify such care centers geographically dispersed throughout  the  state,  and  provided  further,   however,   that   the commissioner  shall, to the extent possible, initially identify at least three such centers.  (b) The commissioner's identification of a comprehensive  care  center for eating disorders under this article shall be valid for not more than a  two  year  period  from  the  date  of issuance. The commissioner may reissue such identifications for subsequent periods of up to five years, provided  that  the  comprehensive  care   center   has   notified   the commissioner  of any material changes in structure or operation based on its original application, or  since  its  last  written  notice  by  the commissioner,  and  that  the  commissioner is satisfied that the center continues to meet the criteria required pursuant to this article.  (c) The commissioner may suspend or revoke his or her  written  notice upon  a determination that the comprehensive care center has not met, or would not be able to  meet,  the  criteria  required  pursuant  to  this article,  provided,  however  that  the  commissioner  shall afford such center an opportunity for a hearing, in accordance section 31.17 of this chapter, to review the circumstances of and grounds for such  suspension or revocation and to appeal such determination.
NY Ment Hygiene L § 30.06 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 30 - Comprehensive Care Centers for Eating Disorders 30.06 - Restricted Use of Title.

§ 30.06 Restricted use of title.No  person  or  entity  shall  claim, advertise or imply to consumers,   health plans or other  health  care  providers  that  such  provider  or   practitioner  is a state-identified comprehensive care center for eating   disorders unless it is qualified  pursuant  to  section  30.04  of  this   article.
NY Ment Hygiene L § 31.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.05 - Issuance of an Operating Certificate.

§ 31.05 Issuance of an operating certificate.  (a)  No  operating  certificate  shall  be  issued by the commissioner unless the commissioner finds:   1. that the premises, equipment, personnel, records, and  program  are adequate  and  appropriate  to  provide  the  services  for the mentally disabled which are sought to be authorized,   2. that such services will be provided in compliance  with  applicable law and regulations,   3.  that,  in  the  case  of a community residence or residential care center for adults,  residents  will  be  evaluated  upon  admission  and periodically  thereafter  to  determine  their  need  for  mental health services which are not provided on site,   4. that, in the case of any community residence  or  residential  care center  for  adults,  adequate  and  appropriate  aftercare services are available (i) through a department facility or (ii) within the community in which such residence is located; and   5. that, in the case of any community residence  or  residential  care center  for  adults,  the  provider  of  services of such residence will assist residents in gaining access to such aftercare services.   * 6. that, in the case  of  any  comprehensive  psychiatric  emergency program,  there  are  services  and  necessary  agreements, contracts or affiliations to provide crisis intervention  services,  crisis  outreach services,  crisis  residence services, extended observation beds, triage and referral services as part of an approved  comprehensive  psychiatric emergency  services  plan  submitted  pursuant  to section 31.27 of this article.   * NB Repealed July 1, 2024   7. that an  application  for  the  establishment  or  operation  of  a facility  for which an operating certificate is required by this article from the commissioner of mental health has been approved  in  accordance with applicable provisions of this article.  (b)  The  commissioner  may disapprove an application for an operating certificate, may authorize fewer services  than  applied  for,  and  may place such limitations and conditions on the operating certificate as he deems  desirable.  In  such  case  he  shall  afford  the  applicant  an opportunity to be  heard  and  such  hearing  shall  be  public,  if  so requested by the applicant.  (c)  The  commissioner shall specify on each operating certificate the kind or kinds of services for the mentally disabled that are authorized, any  limitations  or  conditions,  and  the  expiration  date   of   the certificate.
NY Ment Hygiene L § 31.06 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.06 - Child Abuse Prevention.

§ 31.06 Child abuse prevention.All  facilities  described in subdivision (a) of section 31.02 of this   article,  shall,  pursuant  to  regulations  of  the  commissioner:  (i)   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 (ii) 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 § 31.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.07 - Investigations and Inspections.

§ 31.07 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,  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,  provided,  however,   that  where,  in  the  discretion  of  the  commissioner,  an  operating   certificate has been issued to a program 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 visit shall be   without prior notice.
NY Ment Hygiene L § 31.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.09 - Powers of the Department Regarding Investigation and Inspection.

§ 31.09 Powers of the department regarding investigation and inspection.  (a)  In conducting an investigation or inspection, the commissioner or his  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 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 commisioner from the records of patients receiving services shall be kept confidential in  accordance with the provisions of this chapter.
NY Ment Hygiene L § 31.13 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.13 - Powers of Subpoena and Examination.

§ 31.13 Powers of subpoena and examination.In  conducting  any  investigation,  inspection, or hearing under this   chapter,  the  commissioner  and  his  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 patients' records shall be   maintained in accordance with the provisions of this chapter.
NY Ment Hygiene L § 31.17 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.17 - Formal Hearings; Procedure.

§ 31.17 Formal hearings; procedure.  (a)  When  a  hearing  must  be afforded pursuant to this chapter, 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 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.   4. control the conduct of the hearing.  (c)  The  rules  of  evidence  observed by courts need not be observed except that the rules of privilege 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 department other than a party to the proceeding or his counsel, except by order of a court of record.  (f)  The  commissioner may establish regulations to govern the hearing procedure and the process of determination of the proceeding.  (g) The commissioner shall issue a ruling within ten  days  after  the termination of the hearing or, if a hearing officer has been designated, within ten days from the hearing officer's report.  (h)  The  hearing  officer shall submit an initial report and proposed order in writing to the commissioner within sixty days of the conclusion of the hearings.
NY Ment Hygiene L § 31.19 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.19 - Confinement, Care, and Treatment of the Mentally Disabled.

§ 31.19 Confinement, care, and treatment of the mentally disabled.  (a)  No  individual who is or appears to be mentally disabled shall be detained, deprived of his liberty, or otherwise confined without  lawful authority, or inadequately, unskillfully, cruelly, or unsafely cared for or supervised by any person.  (b)  If  the  commissioner  has reason to believe that this section is being violated or that services for  the  mentally  disabled  are  being provided in violation of this article, he shall promptly investigate the matter.    If  he  finds,  after  notice  to  the  person accused of the violation and opportunity for such person to be heard,  that  there  has been  a violation, the commissioner shall issue an order directed to the person who has committed the violation directing him to cease and desist from the violation.  (c) The commissioner  may  bring  the  following  proceedings  in  the supreme court, in accordance with the provisions of section 31.21:   1. for an injunction where the person to whom a cease and desist order is directed has failed to comply therewith.   2. for a temporary restraining order where the commissioner has reason to  believe that a violation of this section may result in injury to any person.  (d) Nothing in this section shall prevent the commissioner from taking whatever action he deems necessary for the  suspension,  revocation,  or limitation  of the operating certificate of a provider of services which has been charged with a violation of this section.
NY Ment Hygiene L § 31.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.21 - Injunction and Temporary Restraining Order.

§ 31.21 Injunction and temporary restraining order.  (a)  The  supreme court may enjoin violations or threatened violations of any provision of this article or violations of the regulations of the department established pursuant to this article.  Upon  request  of  the commissioner,  the  attorney  general  may  maintain a proceeding in the supreme court in the name of the people of the state to enjoin any  such violation,   provided  that  notice  of  such  violation  or  threatened violation and proposed referral to the attorney general has  been  given to  the  violator by mailing notice thereof to the last known address of the violator by registered mail.  (b) If the proceeding is for the enforcement of  a  cease  and  desist order  issued  after  notice  and  hearing pursuant to the provisions of section 31.19 of this article, the facts found by the commissioner shall be conclusive if supported by substantial evidence.  (c) Notwithstanding any limitation  in  the  civil  practice  law  and rules, such court may, on motion and affidavit, and upon proof that such violation  is  one  which reasonably may result in injury to any person, whether or not such person is a party to such action, grant a  temporary restraining   order  upon  such  terms  as  may  be  just,  pending  the determination of the proceeding. No security on the part  of  the  state shall be required.
NY Ment Hygiene L § 31.25 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.25 - Residential Services for Treatment of Eating Disorders.

§ 31.25 Residential services for treatment of eating disorders.The  commissioner  shall  establish,  pursuant to regulation, licensed   residential  providers  of  treatment  and/or  supportive  services   to   children, adolescents, and adults with eating disorders, as that term is   defined  in  section  30.02  of  this  title.  Such regulations shall be   developed  in  consultation  with  representatives  from  each  of   the   comprehensive  care centers for eating disorders established pursuant to   article thirty of this chapter  and  licensed  treatment  professionals,   such  as  physicians,  psychiatrists, psychologists and therapists, with   demonstrated expertise in treating patients with eating disorders.
NY Ment Hygiene L § 31.26 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.26 - Residential Treatment Facilities for Children and Youth.

§ 31.26 Residential treatment facilities for children and youth.  (a)  The  commissioner  may  authorize  the  operation  of residential treatment facilities for children and youth. Such residential  treatment facilities may only be operated by not-for-profit organizations.  (b)  The  commissioner  shall  have  the  power  to  adopt  rules  and regulations governing the establishment  and  operation  of  residential treatment  facilities for children and youth. Such rules and regulations shall at least require, as a condition of issuance or  retention  of  an operating  certificate for a residential treatment facility for children and youth, that  admission  of  children  into  such  facilities  be  in accordance with priorities for admission of children most immediately in need  of  such  services in accordance with standards established by the commissioner which shall be in accordance with federal regulations.  (c)  The  commissioner,  in  consultation  with  the  commissioner  of education  and  the  commissioner  of  the office of children and family services, shall adopt rules and regulations governing the standards  for admissions  of  individuals to residential treatment facilities required in section 9.51 of this chapter in accordance with federal regulations.  (d) The commissioner of mental health and the commissioner  of  social services  shall  enter  into  a  cooperative  agreement  to  govern  the operation of residential treatment facilities for children and youth  by an  authorized  agency,  visitation,  inspection and supervision of such facilities, enforcement of  the  conditions  of  operating  certificates issued  to  such facilities by the department of social services and the office of mental  health,  and  protection  of  the  confidentiality  of clinical  information  regarding  patients at such residential treatment facilities.  (e) The office of mental health, the department of social services and the department of education shall establish a uniform  system  by  which authorized  agencies  which operate residential treatment facilities for children and youth report the cost of operating such facilities.  (f) The  office  of  mental  health  shall,  in  accordance  with  the provisions  of  section  four  thousand  four  of  the education law, be responsible for paying the tuition costs for children who are  receiving care  in a residential treatment facility for children and youth if such children are residents of this state and such children were  not  placed in  such  a facility by a school district, social services district, the division for youth or the family court.
NY Ment Hygiene L § 31.29 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.29 - Monthly Personal Allowances.

§ 31.29 Monthly personal allowances.  (a)  Each  resident  of  a residential care center for adults shall be entitled to retain out of his  or  her  income,  including  supplemental security income or safety net assistance benefits pursuant to the social services  law,  a  monthly  personal allowance in an amount equal to the monthly  personal  allowance  established   in   section   one   hundred thirty-one-o   of   the   social  services  law  for  persons  receiving residential care.  (b) Any resident of a residential care center for adults, or  a  state operated  community  residence,  who does not receive a monthly personal needs allowance as provided in subdivision (a) of this section shall, in accordance with regulations of the commissioner, be eligible to  receive a state payment for personal needs if such resident:   1.  does not have countable income, as such term is defined in section two hundred eight of the social services law, in an amount equal  to  or greater   than   the  amount  of  the  monthly  personal  allowance  for individuals  receiving  residential  care  established  in  section  one hundred thirty-one-o of the social services law; and   2.  does  not  have  countable  resources,  as such term is defined in section two hundred eight of the social services law, in an amount equal to or greater than the amount of resources an individual or  couple  may have  and  remain eligible for supplemental security income benefits and additional state payments pursuant to title XVI of  the  federal  social security act and title six of article five of the social services law.  (c) The amount of the state payment shall be the amount of the monthly personal  allowance  established  in section one hundred thirty-one-o of the social services law for persons receiving residential care less  the resident's countable income.  (d)  The  provisions of section one hundred thirty-one-o of the social services law shall apply to all allowances and state payments under this section.  (e) The commissioner is authorized to promulgate necessary regulations to provide for the time and manner for such state payments for  personal needs.