New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 681 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 681.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
The following sections of the Mental Hygiene Law authorize
				  the commissioner (see glossary, section
				  681.13 
				  of this Part) of the Office for People With Developmental Disabilities to
				  establish a separate class of operating certificate for intermediate care
				  facilities and to establish the standards governing such facilities.
(a) Sections 13.01 and
				13.07  of the Mental Hygiene Law authorize
				OPWDD to pursue expansion of services and develop new methods of service
				delivery to serve the full range of needs of people with developmental
				disabilities.
(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) 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 and treatment of persons with developmental disabilities
				without an operating certificate issued by the commissioner.
(d) Section 16.01  of the Mental Hygiene Law authorizes
				the commissioner to adopt regulations establishing classes of operating
				certificates. Furthermore, this section authorizes the commissioner to adopt
				regulations establishing procedures for the issuance, amendment and renewal of
				operating certificates. This section also authorizes the commissioner to adopt
				regulations setting standards of quality and adequacy for facilities,
				equipment, personnel, records, services and programs pursuant to an operating
				certificate.
(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 such 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.
(i) Sections 364 and
				364 (a)  of the Social
				Services Law provide that OPWDD is responsible for establishing and maintaining
				standards for medical care and services in facilities under its jurisdiction in
				accordance with cooperative arrangements with the Department of Social Services
				and other State agencies.
(j)
				Section 42
Code of Federal Regulations
(CFR) 483 and 456 set
				forth the Federal requirements for issuance of a provider agreement for
				services at the intermediate care facility for individuals with intellectual
				disability level of care, and as per section
				681.1  of
				this Part, are applicable to ICF.