New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 553 - Visitation And Inspection Of Facilities › Section 553.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under his or her
				jurisdiction.
(b) Subdivisions (a)
				and (b) of section 7.15  of the Mental Hygiene Law authorize
				the Commissioner of Mental Health to evaluate programs and services of
				prevention, diagnosis, examination, care, treatment, rehabilitation, training,
				and research for persons with mental illness, and permits such activities to be
				undertaken in cooperation and agreement with other offices of the department
				and with other departments or agencies of the State, local or Federal
				government, or with other organizations and individuals.
(c) Sections 31.02 and
				31.04  of the Mental Hygiene Law authorize
				the Commissioner of Mental Health to set standards of quality and adequacy of
				facilities, equipment, personnel, services, records and programs for the
				rendition of services for persons diagnosed with mental illness, pursuant to an
				operating certificate.
(d) Section 31.05  of the Mental Hygiene Law
				establishes criteria for the issuance of operating certificates.
(e) Section 31.07  of the Mental Hygiene Law gives the
				Commissioner of Mental Health the power to conduct periodic investigations into
				the operations of providers of services which are required by article 31 of
				such law to have an operating certificate and to make inspections and examine
				records, including, but not limited to, medical service and financial records,
				to determine whether such providers are complying with applicable provisions of
				the Mental Hygiene Law and applicable laws, rules and regulations.
(f) Section 31.08  of the Mental Hygiene Law authorizes
				the Commissioner of Mental Health to exempt a ward, wing, unit or other part of
				a hospital as defined in article 28 of the Public Health Law, which provides
				services for persons with mental illness pursuant to an operating certificate
				issued by the Commissioner of Mental Health, from the annual inspection and
				visitations requirements established in section 31.07  of the Mental Hygiene Law, under
				certain specified circumstances.
(g) Section 31.09  of the Mental Hygiene Law gives the
				Commissioner of Mental Health or his/her authorized representative the power to
				inspect facilities, examine records, conduct examinations and interviews, and
				obtain such other information as necessary in order to carry out his/her
				responsibilities under article 31 of such law. Further, all such investigations
				and inspections shall be made by persons competent to conduct them, and
				information obtained by the commissioner or his/her authorized representative
				shall be kept confidential in accordance with the provisions of applicable
				law.
(h) Section 31.11  of the Mental Hygiene Law requires
				every holder of an operating certificate to assist the Office of Mental Health
				in carrying out its regulatory functions by cooperating with the commissioner
				in any inspection or investigation, permitting the commissioner to inspect its
				facility, books and records, including records of persons receiving services,
				and making such reports, uniform and otherwise, as are required by the
				commissioner.
(i) Sections 31.13 and
				31.19  of the Mental Hygiene Law further
				authorize the commissioner or his or her representatives to examine and inspect
				such programs to determine their suitability and proper operation.
(j) Paragraphs (1) and (8) of subdivision (a)
				of section 41.13  of the Mental Hygiene Law direct
				local governmental units to review services and local facilities for persons
				with mental disabilities of the area which it serves and their relationship to
				local need; and to make policy for and exercise general supervisory authority
				over or administer local services and facilities provided or supervised by it
				whether directly or through agreements, including responsibility for the proper
				performance of the services provided by other facilities of local government
				and by voluntary and private facilities which have been incorporated into its
				comprehensive program.