New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.4 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
The following sections of the Mental Hygiene Law authorize
				  the commissioner to establish a separate class of operating certificate for
				  community residences and to establish the standards governing such
				  facilities.
(a) Sections 13.01 and
				13.07  of the Mental Hygiene Law authorize
				the OPWDD to develop an effective, integrated, comprehensive system for the
				delivery of services to people with developmental disabilities and to create
				financing procedures and mechanisms to support such a system of
				services.
(b) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the power to adopt rules and regulations which are necessary and
				proper to implement any matter under his or her jurisdiction.
(c) Article 16 sets forth provisions enabling
				the commissioner of the OPWDD to regulate and assure the consistent high
				quality of services provided within the State to citizens with developmental
				disabilities. The commissioner may adopt and promulgate any regulation
				reasonably necessary to implement and effectively exercise the powers and
				perform the duties conferred by this article.
(d) Section 16.03  of the Mental Hygiene Law prohibits
				any provider of service from engaging in the operation of a residential
				facility for the care, custody and treatment of people with developmental
				disabilities without an operating certificate issued by the
				commissioner.
(e) Section 16.05  of the Mental Hygiene Law provides
				that no operating certificate shall be issued by the commissioner unless the
				premises, equipment, personnel, records and program are found to be adequate
				and appropriate to provide the services for which an operating certificate is
				sought; and that such services will be provided in compliance with applicable
				laws and regulations.
(f) Section 16.11  of the Mental Hygiene Law authorizes
				the commissioner or an authorized representative to conduct investigations and
				inspections and permit review of the facility and all its books and
				records.
(g) Section 16.13  of the Mental Hygiene Law requires
				holders of operating certificates issued by the commissioner to cooperate
				during inspections by permitting review of the facility and all its books and
				records.
(h) Section 16.17  of the Mental Hygiene Law authorizes
				the commissioner to revoke, suspend, or limit an operating certificate upon a
				finding that the certificate holder has failed to comply with the terms of the
				operating certificate or with the provisions of any applicable statute, rule or
				regulation. This section also authorizes the commissioner to temporarily
				suspend or limit an operating certificate following a finding that a person's
				health or safety is in imminent danger or there exists any condition or
				practice or a continuing pattern of conditions or practices which poses
				imminent danger to the health or safety of any individual.
(i) Section 41.36  of the Mental Hygiene Law authorizes
				the commissioner to establish rules and regulations governing reimbursement and
				funding of community residential facilities.