New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 513 - Limits On Administrative Expenses And Executive Compensation › Section 513.2 - 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 the Office of Mental Health the power and responsibility to
				adopt regulations that are necessary and proper to implement matters under his
				or her 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 7.15 (a)  of the Mental
				Hygiene Law charges the Commissioner of Mental Health with the responsibility
				for promoting, establishing, developing, coordinating and conducting programs
				and services for the benefit of persons with mental illness within the funding
				available for such purposes.
(c)
				Section 7.15 (b)  of the Mental
				Hygiene Law provides the Commissioner of Mental Health with the authority to
				cooperate and enter into agreements with other State, local and Federal
				departments or agencies in fulfilling his or her responsibilities.
(d) Section 31.05 (a)  of the Mental
				Hygiene Law establishes the criteria for the issuance of an operating
				certificate, including that the premises, equipment, personnel, records, and
				program are adequate and appropriate to provide services for persons with
				mental illness.
(e) Section 41.03  of the Mental Hygiene Law provides
				that the meaning of operating costs shall be in accordance with and subject to
				the regulations of the Commissioner of Mental Health.
(f) Sections 41.15 and
				41.18  of the Mental Hygiene Law provide
				that the Commissioner of Mental Health has the authority to approve the net
				operating costs of programs incurred pursuant to an approved local services
				plan that are eligible for State aid.
(g) Section 41.44 provides that the
				Commissioner of Mental Health may provide State aid to local governments and to
				voluntary agencies within amounts available therefor and subject to regulations
				established by him or her.
(h)
				Section 43.02  of the Mental Hygiene Law provides
				that the Commissioner of Mental Health has the power to establish standards and
				methods for determining rates of payment made by government agencies pursuant
				to title 11 of article 5 of the Social Services Law for services, other than
				inpatient services, provided by facilities, including hospitals, licensed by
				the Office of Mental Health.
(i)
				Section 43.02 (b)  of the Mental
				Hygiene Law requires operators of facilities licensed by the Office of Mental
				Health to furnish such financial, statistical and program information as the
				commissioner may determine to be necessary.
(j) Executive Order No. 38 directs the
				commissioner of each executive State agency that provides State financial
				assistance or State-authorized payments to providers of services, including the
				Office of Mental Health, to promulgate regulations and take any other actions
				within the agency's authority, including amending agreements with such
				providers, to address the extent and nature of a provider's administrative
				costs and executive compensation that shall be eligible to be reimbursed with
				State financial assistance or State-authorized payments for operating expenses.
				Executive Order No. 43 extends the time for agencies to comply with Executive
				Order No. 38.
(k) Section 508  of the Not-For-Profit Corporation Law
				provides that a corporation whose lawful activities involve among other things
				the charging of fees or prices for its services or products shall have the
				right to receive such income and, in so doing, may make an incidental profit
				but that all such incidental profits must be applied to the maintenance,
				expansion or operation of the lawful activities of the corporation, and in no
				case shall be divided or distributed in any manner whatsoever among the
				members, directors, or officers of the corporation.