2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.21 - Programs, Services, and Operation of Facilities Certified or Licensed by the Office of Alcoholism and Substance Abuse Services; Temporary Emergency Op

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