2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.02 - Rates or Methods of Payment for Services at Facilities Subject to Licensure or Certification by the Office of Mental Health, the Office for People With Developmental Disablities or the Office of Alcoholism and Substance Abuse Services.

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