New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.12 - Criteria and procedures for approval of management contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				governing authority initially contracts, or renews a contract, with a separate
				organization to manage or operate some or all of the Office certified services,
				including the management of clinical services or the employment of managerial
				or clinical staff, the following requirements shall be met:
(1) The governing authority shall show that a
				proposed management contractor is a New York State corporation incorporated
				under the Business Corporation Law or the Not-for-Profit Corporation Law as
				applicable, and approved as a provider of addiction services by the
				Office.
(2) The governing authority
				shall show:
(i) the necessity for the
				contract;
(ii) the absence of
				feasible alternatives to the contract; and
(iii) that the proposed contractor has
				successfully performed similar services in the past.
(3) Each proposed contract shall be submitted
				to the Office and shall not be effective until the Office has approved it in
				writing. Each contract shall:
(i) be dated and
				signed by the authorized representatives of the governing authority and the
				contractor;
(ii) specify each
				party's responsibilities, objectives, functions, financial arrangements and
				charges;
(iii) require compliance
				with all provisions of law governing such contacts, including this Title and
				the provisions of part 2 of title 42 of the Code of Federal
				Regulations;
(iv) specify the
				powers delegated to the contractor by the governing authority consistent with
				budgetary limitations set by the governing authority;
(v) specify that powers not specifically
				provided to the contractor remain with the governing authority;
(vi) specify the term of the contract, the
				provisions governing renewal, and the provisions governing termination prior to
				expiration;
(vii) require the
				contractor to provide all information required by the Office and to cooperate
				with the Office in carrying out inspections and investigations;
(viii) include the following language:
				"Notwithstanding any other provision in this contract, the governing authority
				remains responsible for ensuring that any service provided pursuant to this
				contract complies with all pertinent provisions of Federal, State and local
				statutes, rules and regulations";
(ix) retain in the governing authority the
				authority to remove any person working in the facility or unit regardless of
				employer or regardless of change in employment status;
(x) state the terms by which the contractor
				may hire and discharge persons working in the facility or unit; such terms to
				include, but not be limited to compliance with the provisions of Part 805 of
				this Title; and
(xi) require the
				principal administrators of the management contractor, and any employees of
				such contractor who will have the potential for, or may be permitted, regular
				and substantial unsupervised or unrestricted physical contact with the clients
				in the program, to complete a criminal history information review pursuant to
				Part 805 of this Title.