New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-1 - Background › Section 635-1.3 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 13.01 and
				  13.07  of the Mental Hygiene Law authorize
				  the Office for People With Developmental Disabilities to pursue expansion of
				  services and develop new methods of service delivery to serve the full range of
				  needs of persons with mental retardation and/or other developmental
				  disabilities.
(b) Section 13.09 (b)  of the Mental
				  Hygiene Law grants the commissioner of OPWDD the authority to adopt rules and
				  regulations necessary and proper to implement any matter under his or her
				  jurisdiction.
(c) Section 13.39  of the Mental Hygiene Law requires
				  that the executive director, chairperson or president of a voluntary
				  not-for-profit corporation (see glossary) or facility, annually furnish the
				  commissioner with an accurate list of the names and addresses of the current
				  members of the governing body (see glossary) or trustees of such facility or
				  corporation. The statute specifies that failure to furnish such annual list
				  shall remove such facility or corporation from consideration for continued
				  certification.
(d) Article 16 of
				  the Mental Hygiene Law sets forth provisions enabling the commissioner of the
				  OPWDD to regulation and assure the consistent high quality of services provided
				  within the State to its 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.
(e) Section 16.03  of the Mental Hygiene Law prohibits
				  any provider of service from engaging in the operation of a residential
				  facility, including a family care home for the care, custody and treatment of
				  persons with developmental disabilities without an operating certificate issued
				  by the commissioner. Further, no party may engage in the operation of
				  nonresidential or outpatient services operated for the primary purpose of
				  serving those with developmental disabilities without an operating certificate
				  from the commissioner.
(f) Section 16.05  of the Mental Hygiene Law provides
				  that no operating certificate shall be issued by the commissioner unless the
				  commissioner is satisfied that the premises, equipment, personnel, records and
				  program are found to be adequate and appropriate to provide services for which
				  an operating certificate is sought; and that such services will be provided in
				  substantial compliance with applicable laws and regulations.
(g) Section 16.11  of the Mental Hygiene Law authorizes
				  the commissioner or an authorized representative to conduct investigations and
				  inspections and permits review of the facility and all its books and
				  records.
(h) Section 16.13  of the Mental Hygiene Law requires
				  holders of operating certificates issued by the commissioner to cooperate
				  during such investigations by permitting review of the facility and all its
				  books and records.
(i) Section 16.17  of the Mental Hygiene Law authorizes
				  the commissioner to revoke, suspend or limit an operating certificate, or
				  impose a penalty, upon a finding that the certificate holder has failed to
				  comply with the terms of the operating certificate or with the provision 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 exist
				  any conditions or practices which pose imminent danger to the health or safety
				  of any person receiving services.