reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.09 - Administrative Costs.

§ 25.09 Administrative costs.
Subject  to  the  approval  of  the director of the budget, the office
  shall establish a limit on the amount of financial support which may  be
  advanced  or reimbursed to a voluntary agency or a program operated by a
  local governmental unit for the administration of a program.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.13 - Office Is Authorized State Agency.

§ 25.13 Office is authorized state agency.
(a)  The  office  when designated by the governor is the agency of the
state to administer and/or supervise the state plan or plans  concerning
substance  use disorder and/or compulsive gambling services specified in
the federal drug abuse office and  treatment  act  of  nineteen  hundred
seventy-two   and   to   cooperate  with  the  duly  designated  federal
authorities charged with the administration thereof.
(b) The office and all entities to which it provides financial support
shall do all that is required and shall render necessary cooperation  to
ensure  optimum  use  of  federal  aid for substance use disorder and/or
compulsive gambling services.
(c) The commissioner is authorized and empowered to take  such  steps,
not  inconsistent  with  law,  as  may  be  necessary for the purpose of
procuring for  the  people  of  this  state  all  of  the  benefits  and
assistance, financial and otherwise, provided, or to be provided for, by
or  pursuant  to  any act of congress relating to substance use disorder
and/or compulsive gambling services.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.15 - Optimizing Federal Aid.

§ 25.15 Optimizing federal aid.
(a)  A  program  operated  by  a  local governmental unit or voluntary
agency shall, unless a specific written waiver of  this  requirement  is
made by the office, cause applications to be completed on such forms and
in  such  manner  as  directed  by the office and submit the same to the
office for the purpose of causing a determination to be made whether the
cost of the services provided individuals and groups qualify for federal
aid which may be available for services provided pursuant to titles  IV,
XVI, XIX and XX of the federal social security act, or any other federal
law.    A  program  operated by a local governmental unit or a voluntary
agency shall furnish to the office such other data as  may  be  required
and  shall  render such cooperation as may be necessary to maximize such
potential federal  aid.  All  information  concerning  the  identity  of
individuals  obtained and provided pursuant to this subdivision shall be
kept confidential.
(b) To the extent that federal aid may be available for any  substance
use   disorder   and/or   compulsive   gambling  services,  the  office,
notwithstanding any other inconsistent provision of law,  and  with  the
approval  of  the  director  of the budget, is hereby authorized to seek
such federal aid on behalf of voluntary agencies and a program  operated
by  a  local governmental unit either directly or through the submission
of claims to another state agency authorized to submit the  same  to  an
appropriate  federal agency. The office is further authorized to certify
for payment to voluntary agencies and a  program  operated  by  a  local
governmental  unit  any  federal  aid  received  by  the  state which is
attributable to the activities financed by such programs and agencies.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.17 - Fees for Services.

§ 25.17 Fees for services.
Voluntary  agencies  and programs operated by local governmental units
  funded in whole or in part by the office shall establish, subject to the
  approval of the office, fee schedules for substance use disorder  and/or
  compulsive  gambling  services,  not  specifically  covered by the rates
  established pursuant to article twenty-eight of the public health law or
  title two of article five of the social services law. Such fees shall be
  charged for substance use disorder and/or compulsive  gambling  services
  furnished to persons who are financially able to pay the same, provided,
  that  such  services  shall  not be refused to any person because of his
  inability to pay therefor.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.01 - Regulations and Forms.

§ 29.01 Regulations and forms.
The  commissioner  shall  have the power to make regulations governing
  admissions to hospitals, schools,  and  alcoholism  facilities  and  the
  identification  and  processing  of  patients.  He  shall  prescribe and
  furnish forms for use in procedures for admission.  Admission  shall  be
  had only upon such forms.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.03 - Effect of Court Order Authorizing Retention of a Patient.

§ 29.03 Effect of court order authorizing retention of a patient.
No  order or determination under this article that a person is in need
  of involuntary care and treatment or that there was need  for  retention
  of  such  person  shall  be construed or deemed to be a determination or
  finding that such person is  incompetent  or  is  unable  adequately  to
  conduct his personal or business affairs.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.05 - Community Agreements Regarding Admission Procedures.

§ 29.05 Community agreements regarding admission procedures.
A  director  of community services and the commissioner may enter into
  an agreement concerning screening of applications  for  admission  to  a
  facility  pursuant to this chapter. The agreement may provide procedures
  for submitting certain applications to the director  or  his  authorized
  representative  for  review, for examining a person allegedly in need of
  or  suitable  for  care  and   treatment,   for   obtaining   additional
  information,   and   for  offering  recommendations  on  appropriate  or
  alternate modes of  care  and  treatment  or  any  other  guidelines  on
  determining  options  in  the community for the care and treatment of an
  individual.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.07 - Commissioner's Powers Over Admissions to Department Facilities.

§ 29.07 Commissioner's powers over admissions to department facilities.
(a)  The commissioner may by order defer admissions to any facility in
the department when the total number of  patients  therein  exceeds  its
capacity  to an extent which will not permit adequate care and treatment
to be provided patients.
(b) If the commissioner shall determine that  overcrowding  exists  in
the   department  schools,  he  may,  within  the  amounts  appropriated
therefor, authorize admission for care and treatment of any person  with
a  developmental  disability  to a designated facility approved for such
purposes by the commissioner. The patient and any liable relatives shall
be liable for payment of fees in accordance with article forty-three  of
this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.13 - Treatment Plans.

§ 29.13 Treatment plans.
(a)  Subject  to  the regulations of the commissioner, the director of
each departmental facility shall require the development  of  a  written
treatment plan to assure adequate care and treatment for each patient.
(b) The written treatment plan shall include, but not be limited to, a
statement   of  treatment  goals;  appropriate  programs,  treatment  or
therapies to be undertaken to meet such goals; and a specific  timetable
for  assessment  of  patient programs as well as for periodic mental and
physical reexaminations. In causing such a plan to be prepared  or  when
such a plan is to be revised, the following persons shall be interviewed
and  provided an opportunity to actively participate in such preparation
or revision: the patient; an authorized representative of  the  patient,
to  include the parent or parents if the patient is a minor, unless such
minor sixteen years of age or older objects to the participation of  the
parent  or  parents  and  there  has  been a clinical determination by a
physician indicating that the involvement of the parent  or  parents  is
not  clinically  appropriate and such determination is documented in the
record; upon the request of the patient sixteen years of age or older, a
significant individual to the  patient  including  any  relative,  close
friend  or  individual  otherwise  concerned  with  the  welfare  of the
patient, other than an employee of the facility.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.16 - Discharge; Certain Cases.

§ 29.16 Discharge; certain cases.
The director of a facility shall, with respect to any patient admitted
  to  such facility pursuant to section five hundred nine of the executive
  law or 353.4 of the family court act and article nine or fifteen of this
  chapter, give immediate written notice to the director of  the  division
  for  youth and to the mental hygiene legal service when any such patient
  leaves the facility without the consent of its  director.  Such  patient
  shall  not be discharged so long as there is a valid order of the family
  court placing such  person  with  the  division  for  youth,  except  in
  accordance  with  the  provisions  of  section  five hundred nine of the
  executive law or section 353.4 of the family court act.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.17 - Clothing and Money to Be Furnished Patients Discharged or Released.

§ 29.17 Clothing  and  money  to  be  furnished  patients  discharged or
released.
No patient shall be discharged or released from a department  facility
  without  suitable  clothing  adapted  to  the  season  in  which  he  is
  discharged or released; and if it  cannot  be  otherwise  obtained,  the
  facility  shall  upon the order of the director, or of the commissioner,
  as the case may be, furnish the same,  and  money  not  exceeding  fifty
  dollars,  to  defray  his  expenses  until he can reach his relatives or
  friends, or find employment to earn a subsistence.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.18 - Client Service Report.

§ 29.18 Client service report.
(a)  The  commissioner  shall establish a client service report system
for the purpose of  providing  notification  of  services  or  treatment
provided  to individual patients or clients to such patients or clients,
to persons duly  authorized  to  represent  such  patients  or  clients,
including  a  parent  or  parents,  legal  guardian  or next-of-kin if a
patient or client is a minor, and to appropriate directors of  community
services and social services as hereinafter prescribed.
(b)  A  client  service  report  shall be prepared for each patient or
client receiving services or treatment  in  a  department  facility,  or
program  to  include,  but  not be limited to, information regarding the
types, location, date and estimated  costs  of  services  and  names  of
persons  responsible  for  providing  such  services  to each patient or
client during the course of his treatment or during  each  twelve  month
period of treatment, whichever time period is shorter. Such report shall
be  made  available  as hereinafter prescribed no later than thirty days
after the end of such course of treatment if such course  is  less  than
twelve  months  in  duration,  or  after  the  anniversary  date  of the
patient's  admission  to  a  department  facility  or  of  the   initial
participation  in  a program or course of treatment of an individual who
is not a resident of the department facility if the program or course of
treatment is more than twelve months in duration.
(c) Upon request, such client service report shall be  made  available
to  the patient or client, or to a person or persons representing him on
his  behalf,  including  the  parent  or  parents,  legal  guardian   or
next-of-kin,  if such patient or client is a minor. At their request and
with the consent of the commissioner and the  patient  or  client,  such
client  service  report  shall  be  made  available  to  the appropriate
director of community services and/or social  services  and  the  mental
hygiene legal service.
(d) The commissioner shall establish procedures for making such client
service  reports  available to the persons provided in this section, and
for advising patients and clients, their representatives,  directors  of
community  services  and  social  services  and the mental hygiene legal
service  of  the  availability  of  such  reports  and  the  established
procedures for obtaining them.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.19 - Powers and Duties of Peace Officers Acting Pursuant to Their Special Duties and Police Officers to Apprehend, Restrain, and Transport Persons to Facil

* § 29.19 Powers  and  duties of peace officers acting pursuant to their
special duties and police officers to  apprehend,  restrain,
and transport persons to facilities.
A  person  who has been committed or admitted to a department facility
  or a hospital licensed or operated by the office of  mental  health  and
  who  has  been  reported as escaped therefrom or from lawful custody, or
  who resists or evades lawful custody;  and  any  patient  for  whom  the
  director  of  a hospital operated by the office of mental health, or the
  director's designee, has terminated a conditional  release  and  ordered
  such  patient  to  return  to  such facility; and any patient for whom a
  director of an assisted outpatient  treatment  program,  as  defined  in
  subdivision  (a)  of  section  9.60  of  this chapter, or the director's
  designee, or anyone designated pursuant to section 9.37 of this chapter,
  has directed the removal to a hospital pursuant to  subdivision  (n)  of
  section   9.60   of   this  chapter,  may  be  apprehended,  restrained,
  transported to, and returned to such school or  hospital  by  any  peace
  officer,  acting  pursuant  to his special duties, or any police officer
  who is a member of an authorized police department  or  force  or  of  a
  sheriff's  department,  and  it shall be the duty of any such officer to
  assist any representative of a department or licensed  facility,  or  an
  assisted  outpatient  treatment  program,  to take into custody any such
  person or patient upon the request of such representative,  director  or
  designee.
* NB Effective until June 30, 2027
  * § 29.19 Powers  and  duties of peace officers acting pursuant to their
special duties and police officers to  apprehend,  restrain,
and transport persons to facilities.
A  person  who has been committed or admitted to a department facility
  and who has been reported as escaped therefrom or from  lawful  custody,
  or who resists or evades lawful custody, may be apprehended, restrained,
  transported  to,  and  returned  to such school or hospital by any peace
  officer, acting pursuant to his special duties, or any  police  officer,
  and   it   shall  be  the  duty  of  any  such  officer  to  assist  any
  representative of a department facility to take into  custody  any  such
  person upon the request of such representative.
* NB Effective June 30, 2027
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.20 - In-Patient Nasogastric Feeding Procedures.

§ 29.20 In-patient nasogastric feeding procedures.
The  commissioners  of  the office of mental health and the office for
  people with developmental disabilities  of  the  department  shall  each
  promulgate and administer regulations and policies governing the maximum
  size  of  nasogastric  feeding  tubes  with  the  principal  purposes of
  protecting patients from  undue  discomfort,  for  the  benefit  of  any
  patient in a facility subject to the jurisdiction of the commissioners.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.21 - Care of Children Born to Patients.

§ 29.21 Care of children born to patients.
If a child is born to a patient in a department facility, the director
  shall determine, with suitable social service advice, whether the mother
  is  able  to care for the child. If, in his opinion, she is unable to do
  so, he shall make provision for such child in  accordance  with  article
  three  of  the  family  court act. Pending a determination by the family
  court, the director may, in his discretion, make a  temporary  placement
  of the child.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.25 - Sale or Delivery of Alcoholic Beverages to Patients Prohibited.

§ 29.25 Sale or delivery of alcoholic beverages to patients prohibited.
Any  person  who  knowingly  sells, delivers, or gives away or causes,
  permits, or procures to be sold, delivered, or given away any  alcoholic
  beverage to a patient on the grounds of a department facility, except as
  part  of  the  patient's prescribed medical regimen or as part of a duly
  authorized religious ceremony or observance, shall be guilty of a  class
  B misdemeanor.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.28 - Payment of Costs for Prosecution of Incarcerated Individual-Patients.

§   29.28   Payment   of   costs   for   prosecution   of   incarcerated
individual-patients.
(a) When an incarcerated individual-patient, as defined in subdivision
(a) of section 29.27 of this article, who was  committed  from  a  state
correctional  facility, is alleged to have committed an offense while in
the custody  of  the  department,  the  department  of  corrections  and
community supervision shall pay all reasonable costs for the prosecution
of  such  offense, including but not limited to, costs for: a grand jury
impaneled to hear and examine evidence of such  offense,  petit  jurors,
witnesses, the defense of any incarcerated individual financially unable
to  obtain  counsel in accordance with the provisions of the county law,
the district attorney, the costs of the sheriff and the  appointment  of
additional court attendants, officers or other judicial personnel.
(b)  It  shall be the duty of the governing body of any county wherein
such prosecution occurs to cause a sworn statement of all  costs  to  be
forwarded  to  the  department of corrections and community supervision.
Upon certification by such department that such costs as  authorized  by
this  section  have  been  incurred, the commissioner of corrections and
community supervision shall forward the proper  vouchers  to  the  state
comptroller.  It  shall  be  the duty of the comptroller to examine such
statement and to correct same by striking therefrom any  and  all  items
which  are not authorized pursuant to the provisions of this section and
after correcting such statement, the comptroller shall draw his  or  her
warrant  for  the  amount  of any such costs in favor of the appropriate
county treasurer, which sum shall be paid to said county  treasurer  out
of any moneys appropriated therefor.
(c)  The department shall, after consultation with the director of the
budget, promulgate rules and regulations to carry out the provisions  of
this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 29 - General Provisions Relating to In-Patient Facilities › 29.29 - Incident Reporting Procedures.

§ 29.29 Incident reporting procedures.
The  commissioners  of  the office of mental health and the office for
people with developmental disabilities of the department shall establish
policies and uniform procedures for their  respective  offices  for  the
reporting,  compilation,  and  analysis  of  incident  reports. Incident
reports shall, for  the  purposes  of  this  chapter,  mean  reports  of
accidents   and   injuries  affecting  patient  health  and  welfare  at
facilities. These policies and procedures shall include but shall not be
limited to:
1. The establishment of a patient care and safety team at the facility
level which shall include but not be limited  to  a:  physician,  nurse,
social  worker  and  therapy  aide,  to  investigate  and  report to the
facility director on:
(i) suicides or attempted suicides;
(ii) violent behavior exhibited by either patients or employees;
(iii) frequency and severity of injuries incurred by  either  patients
or employees;
(iv)  frequency and severity of injuries occurring on individual wards
or in buildings at such facility;
(v) patient leave without consent;
(vi) medication errors; and
(vii) recommendations for corrective actions in response  to  incident
reports to ensure the care and safety of all patients.
2.  The establishment of cumulative record keeping of incident reports
which identifies patient and employee involvement.
3. A compilation of uniform and measurable  information,  first  on  a
facility  basis,  then on an office-wide basis, that will indicate where
the greatest number and types of incidents occur.
4. Each facility shall aggregate its data monthly for the director and
that aggregated information shall be submitted, at  least  semi-annually
to  the  commissioner  of  the  office  of  mental  health  and  to  the
commissioner of the office for people with developmental disabilities.
5. The commissioners shall transmit a  copy  of  any  report  received
pursuant  to subdivision four of this section to the state commission on
quality of care and advocacy for persons with disabilities.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 30 - Comprehensive Care Centers for Eating Disorders › 30.01 - Legislative Findings.

§ 30.01 Legislative findings.
The  legislature  hereby  finds that effective diagnosis and treatment
  for citizens struggling with eating disorders, a complex and potentially
  life-threatening condition, requires a  continuum  of  interdisciplinary
  providers  and  levels  of  care. Such effective diagnosis and treatment
  further requires the coordination and  comprehensive  management  of  an
  individualized  plan of care specifically oriented to the distinct needs
  of each individual.
The legislature further finds that, while there  are  numerous  health
  care providers in the state with expertise in eating disorder treatment,
  there is no generally accessible, comprehensive system for responding to
  these  disorders. Due to the lack of such a system the legislature finds
  that treatment, information/referral, prevention and research activities
  are  fragmented  and  incomplete.  In  addition,  due  to   the   broad,
  multifaceted  needs  of  individuals  with  eating  disorders, insurance
  payments for the  necessary  plan  of  care  and  providers  is  usually
  fragmented  as  well,  leaving  citizens  with insufficient coverage for
  essential services and, therefore,  at  risk  of  incomplete  treatment,
  relapse, deterioration and potential death.
The legislature therefore declares that the state take positive action
  to  facilitate  the  development  and  public identification of provider
  networks and care  centers  of  excellence  to  provide  a  coordinated,
  comprehensive  system for the treatment of such disorders, as well as to
  conduct  community  education,  prevention,   information/referral   and
  research  activities.  The  legislature  further  declares  that  health
  coverage by insurers and health maintenance organizations should include
  covered services provided through such centers and that, to  the  extent
  possible and practicable, health plan reimbursement should be structured
  in   a  manner  to  facilitate  the  individualized,  comprehensive  and
  integrated plans of care which such centers are required to provide.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 30 - Comprehensive Care Centers for Eating Disorders › 30.02 - Definitions.

§ 30.02 Definitions.
For purposes of this article:
(a)  "Eating  disorder"  is defined to include, but not be limited to,
conditions such as anorexia nervosa, bulimia and binge eating  disorder,
identified  as  such  in  the  ICD-9-CM  International Classification of
Disease or the most current edition of the  Diagnostic  and  Statistical
Manual   of  Mental  Disorders,  or  other  medical  and  mental  health
diagnostic references generally accepted for standard use by the medical
and mental health fields.
(b)   "Comprehensive   care   centers   for   eating   disorders"   or
"comprehensive  care centers" means a provider-sponsored system of care,
organized by either corporate affiliation or  clinical  association  for
the  common  purpose  of providing a coordinated, individualized plan of
care for an individual with an eating disorder, across a continuum  that
includes all necessary non-institutional, institutional and practitioner
services  and treatments, from initial patient screening and evaluation,
to treatment, follow-up care and support.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 30 - Comprehensive Care Centers for Eating Disorders › 30.03 - Comprehensive Care Centers for Eating Disorders; Established.

§ 30.03 Comprehensive care centers for eating disorders; established.
The  commissioner  shall  provide  for  the  public  identification of
comprehensive care centers for persons with  eating  disorders  for  the
purposes of:
(a)   Promoting   the  operation  of  a  continuum  of  comprehensive,
coordinated care for persons with eating disorders;
(b) Promoting ready access  to  information,  referral  and  treatment
services  on  eating  disorders  for  consumers,  health  practitioners,
providers and insurers, with access in every region of the state;
(c) Promoting community education, prevention and patient  entry  into
care; and
(d) Promoting and coordinating regional and statewide research efforts
into effective methods of education, prevention and treatment, including
research on the various models of care.
2023 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.
2023 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.
2023 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.
2023 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, 2027
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.