New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 599 - Clinic Treatment Programs › Section 599.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 and
				31.04  of the Mental Hygiene Law
				grant the Commissioner of Mental Health the power and responsibility to adopt
				regulations that are necessary and proper to implement matters under their
				jurisdiction, and to set standards of quality and adequacy of facilities,
				equipment, personnel, services, records and programs for the rendition of
				services for adults diagnosed with mental illness or children diagnosed with
				emotional disturbance, pursuant to an operating certificate.
(b) Section 31.02  of the Mental Hygiene Law
				prohibits the operation of outpatient programs providing services for persons
				with mental illness unless an operating certificate has been obtained from the
				Commissioner.
(c) Sections 31.07, 31.09, 31.13 and
				31.19  of the Mental Hygiene Law
				further authorize the Commissioner or their representatives to examine and
				inspect such programs to determine their suitability and proper operation.
				Section 31.16 authorizes the Commissioner
				to suspend, revoke or limit any operating certificate, under certain
				circumstances.
(d) 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 an individual's records, and
				making such reports, uniform and otherwise, as are required by the
				Commissioner.
(e) Section 31.06  of the Mental Hygiene Law
				requires every holder of an operating certificate to develop policies and
				training programs in regard to reporting child abuse or neglect.
(f) Section 43.02 (b)  of the
				Mental Hygiene Law authorizes the Commissioner to request from operators of
				facilities licensed by the Office of Mental Health such financial, statistical
				and program information as the Commissioner may determine to be
				necessary.
(g) Article 33 of the
				Mental Hygiene Law establishes basic rights of persons diagnosed with mental
				illness.
(h) Section 364-j  of the
				Social Services Law requires the establishment of managed care programs
				throughout the State and provides for the provision of special care services to
				enrollees in Medicaid managed care programs who require such
				services.
(i) Sections 364 and
				364-a  of the Social Services Law give the Office of Mental Health
				responsibility for establishing and maintaining standards for medical care and
				services in facilities under its jurisdiction, in accordance with cooperative
				arrangements with the Department of Health.
(j) Section 43.01  of the Mental Hygiene Law
				gives the Commissioner authority to set rates for outpatient services at
				facilities operated by the Office of Mental Health. Section 43.02  of the Mental Hygiene Law
				provides that payments under the medical assistance program for outpatient
				services at facilities licensed by the Office of Mental Health shall be at
				rates certified by the Commissioner of Mental Health and approved by the
				Director of the Budget.
(k) Title
				XIX of the Federal Social Security Act, as identified in section 1901 of such
				Title, authorizes Federal grants to states to fund medical assistance to needy
				persons in accordance with a State plan approved by the Federal Department of
				Health and Human Services.
(l)
				Article 41 of the Mental Hygiene Law gives the Local Governmental Unit the
				authority to direct and administer a local comprehensive planning process for
				its geographic area in which all providers of service shall participate and
				cooperate through the development of integrated systems of care and treatment
				for persons with mental illness.
(m) Section 41.13  of the Mental Hygiene Law
				establishes the powers and duties of the Local Governmental Unit.
(n) Section 365-m  of the Social Services Law
				authorizes the Commissioner of the Office of Mental Health and the Commissioner
				of the Office of Alcoholism and Substance Abuse Services, in consultation with
				the Department of Health, to contract with regional behavioral health
				organizations to provide administrative and management services for the
				provision of behavioral health services.