reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 804 - Access To Information › Section 804.9 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the office
				shall notify the data subject of the right to:
(1) file a statement of reasonable length
				setting forth the data subject's reasons for disagreement with the
				determination; and
(2) request that
				the statement of disagreement be provided to any person or governmental unit to
				which the record has been or is disclosed pursuant to paragraph (c) of
				subdivision 3 of section 94  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 804 - Access To Information › Section 804.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Any fees authorized herein shall be payable in
				  advance.
(a) The fee for photocopies
				not exceeding 9 x 14 inches shall be 25 cents per page.
(b) The fee for photocopies of records in
				excess of 9 x 14 inches per page shall be the actual cost of such
				copying.
(c) The fees for copies of
				records not covered by subdivisions (a) and (b) of this section, shall not
				exceed the actual reproduction cost which is the average unit cost for copying
				a record, excluding fixed costs of the agency such as operator
				salaries.
(d) In the event that the
				record is of such a nature that it cannot be photocopied, a transcript of such
				record shall be made upon request of the applicant. Such transcripts may either
				be typed or handwritten at the discretion of the office. In such cases, the
				requester may be charged for the clerical time involved in making the
				transcript.
(e) No fee will be
				charged for:
(1) inspection of
				records;
(2) searching for records;
				or
(3) a certification pursuant to
				this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 804 - Access To Information › Section 804.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Protection of People with Special Needs Act (chapter 501 of the Laws of 2012)
				requires that criminal history information reviews be conducted on:
(1) each prospective treatment provider,
				operator, employee, contractor, or volunteer of treatment facilities certified
				by the NYS Office of Alcoholism and Substance Abuse Services (OASAS or office)
				who will have the potential for, or may be permitted, regular and substantial
				unsupervised or unrestricted physical contact with the clients in such
				treatment facilities; and
(2) any
				individual seeking to be credentialed by the office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to every provider of substance use disorder services certified or
				licensed by the office, or any entity which contracts with, or is otherwise
				approved by the office to provide services, except:
(1) a facility or program that is directly
				operated by the Office of Alcoholism and Substance Abuse Services;
(2) a hospital, as defined in section 2801 of
				the New York State Public Health Law, that is licensed by the Department of
				Health; or
(3) a professional
				licensed pursuant to title 8 of the New York State Education Law, who does not
				have employees or volunteers who will have regular and substantial unsupervised
				or unrestricted contact with the clients of such provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.3 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (c)  of the Mental
				Hygiene Law charges the office with the responsibility for ensuring that
				persons in need of treatment for substance use disorder receive high quality
				care and treatment, and that the personal and civil rights of persons receiving
				care, treatment and rehabilitation are adequately protected.
(b) Section 19.09 (b)  of the Mental
				Hygiene Law authorizes the commissioner to adopt regulations necessary and
				proper to implement any matter under his or her jurisdiction.
(c) Section 19.20 of the MHL authorizes the
				office to receive and check criminal history information related to employees
				and volunteers of providers of services who contract with, or are approved or
				otherwise authorized by the office to provide services.
(d) Section 19.20 -a of the MHL authorizes
				the office to receive and check criminal history information related to persons
				seeking to be credentialed by the office or applicants for an operating
				certificate issued by the office.
(e) Section 19.40  of the Mental Hygiene Law authorizes
				the commissioner to issue operating certificates for the provision of chemical
				dependence services.
(f) Section 32.02  of the Mental Hygiene Law authorizes
				the commissioner to adopt regulations necessary to ensure quality services to
				those suffering from compulsive gambling.
(g) Subdivisions (15) and (16) of section 296  of the Executive Law identify unlawful
				discriminatory practices with regard to the employment and the issuance of
				licenses.
(h) Civil Service Law
				section 50 authorizes the Department of Civil Service to request criminal
				history checks for applicants for State employment.
(i) Article 23-A of the Correction Law
				provides the factors to be considered concerning a person's previous criminal
				convictions in making a determination regarding employment and the issuance of
				a license.
(j) The Protection of
				People with Special Needs Act (chapter 501 of the Laws of 2012) establishes the
				Justice Center for the protection of people with special needs, the Vulnerable
				Persons Central Register, and the Register of Substantiated Category One Cases
				of Abuse and Neglect.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.6 - Submission of fingerprints by applicants for certification or credentialing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Certification applicants.
Any applicant for an operating certificate as a provider of
				  services pursuant to Part 810 of this Title, whose application is initiated on
				  or after June 30, 2013, shall require a criminal history information check of
				  all natural persons with an ownership interest in such providers:
(1) any change in the ownership interest of
				any provider on or after June 30, 2013, for which a new natural person becomes
				or joins as an operator shall require a criminal history information check of
				such new natural person or persons;
(2) as part of an applicant's initial
				application for an operating certificate, part of a previously certified
				provider's recertification review, or change in ownership status or
				configuration, the applicant or provider shall designate authorized person(s)
				who shall be responsible for furnishing the division with the fingerprints of
				the prospective operator of the provider, as well as those of any prospective
				employee, contractor, volunteer or any operator who joined the organization
				subsequent to June 30, 2013 or who previously did not have a criminal history
				information check performed;
(3)
				the process for requesting fingerprints of applicants and submitting to the
				division shall be consistent with the provisions of subdivision (d) of section
				805.5 
				of this Part; and
(4) a subject
				individual may withdraw from the application process, without prejudice, at any
				time regardless of whether he or she, or the office, has reviewed his or her
				criminal history information, provided that upon such withdrawal from the
				application process, any fingerprints and criminal history information received
				by the office and/or the provider shall be destroyed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.8 - Documentation and confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Only the authorized person or his or her designee and the relevant subject
				party shall have access to the summary of the New York State criminal history
				information received by a provider of services or the office. However, criminal
				history information may be disclosed by the authorized person to other parties
				who are directly participating in any decision with regard to such subject
				party, to which this information is relevant.
(b) The authorized person and any other party
				to whom such criminal history is disclosed shall keep this information strictly
				confidential.
(c) Any party who
				willfully permits the release of any confidential criminal history information
				obtained from a criminal history information check pursuant to this section to
				parties not authorized to receive same shall be guilty of a
				misdemeanor.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.9 - Notification of subsequent criminal charges or convictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall promptly forward
				notification that there is a pending criminal action or proceeding, with regard
				to an employee, volunteer, contractor, operator or credentialed person to the
				office only by a method of secure and confidential delivery, addressed to the
				office. Such information shall be marked "confidential" and shall at all times
				be maintained by the office in a secure place.
(b) Upon receiving notification from the
				division that there is a pending criminal action or proceeding with regard to
				an employee, volunteer, or contractor, the office shall promptly notify the
				authorized person of a provider of services of the pending criminal action or
				proceeding.
(c) Upon receiving
				notification from the office of the pending criminal action or proceeding, or a
				conviction, a provider of services shall take any and all appropriate action to
				ensure that the health, safety, and welfare of its clients are protected and:
(1) such action or actions shall be
				documented; and
(2) in cases
				involving pending criminal actions or proceedings against employees or
				volunteers, it shall be the responsibility of the provider of services to
				inquire as to the outcome of such proceedings if the employee or volunteer
				remains in service with the provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.10 - Responsibilities of providers of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Recordkeeping.
(1) Each provider of services subject to the
				provisions of this Part shall establish, maintain, and keep current, a record
				of:
(i) a current roster of employees and list
				of staffing assignments;
(ii) a
				current roster of volunteers;
(iii)
				names of all persons for whom a request for a criminal history information
				check was submitted to the office, identifying whether the person was applying
				for an employment, contractor or volunteer position;
(iv) for each such name identified, a copy of
				his or her signed informed consent form required pursuant to section
				805.5 
				of this Part, and the results of the criminal history information check and
				determination of the office with regard to the employment, contract or
				volunteer service of the individual; and
(v) a record identifying whether such
				individual was hired, contracted with or permitted to engage in volunteer
				services, what position he or she holds, and any limitations placed on such
				employment or service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part that can be given effect without
				  the invalid provision or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any program certified by the Office to
				  provide addiction treatment services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.2 - Legal Basis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07  of the Mental Hygiene Law (MHL)
				authorizes the commissioner to adopt standards including necessary rules and
				regulations pertaining to chemical dependence treatment services.
(b) Section 19.09(b) of the MHL authorizes
				the commissioner to adopt regulations necessary and proper to implement any
				matter under his/her jurisdiction.
(c) Section 32.07(a) of the MHL authorizes
				the commissioner to adopt regulations to effectuate the provisions and purposes
				of Article 32 of the MHL.
(d)
				Article 27-F of the Public Health Law defines the rules governing HIV testing,
				treatment and confidentiality/disclosure in New York.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.3 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
The intent is to clarify obligations of providers certified
				  or otherwise authorized pursuant to this Chapter regarding HIV-related services
				  and confidentiality. This Part is aligned with New York's plan to end the AIDS
				  epidemic by ensuring that everyone knows their HIV status and has access to
				  medications used to prevent or treat HIV. Effective treatment with
				  antiretroviral medication results in an undetectable viral load, making it
				  nearly impossible to transmit HIV to another person.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.5 - Infection Control Plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each program
				must establish an infection control plan appropriate for the services provided
				including, at a minimum, the following:
(1)
				Prevention of circumstances which could result in staff or patient(s) becoming
				exposed to a significant risk body substance including but not limited to:
(i) use of scientifically accepted preventive
				barriers during job-related activities which involve, or may involve, exposure
				to significant risk body substances. Such preventive actions must be taken with
				each patient as an essential element for the prevention of bi-directional
				spread of HIV; and
(ii) use of
				scientifically accepted preventive practices and equipment during job-related
				activities involving the use of contaminated instruments or equipment which may
				cause puncture injuries.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.6 - HIV-related testing and prevention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Testing.
Patients admitted to any Office certified, funded
				and/or otherwise authorized program shall be offered an HIV test. Such test may
				be offered on-site or by referral. Staff must note in the patient's case record
				that the test was offered and whether the patient declined to be
				tested.
(b)
Prevention.
(1) Prevention
				counseling shall include, but not be limited to, discussions regarding use of
				condoms, not sharing drug use paraphernalia, and pre- and post-exposure
				prophylaxis.
(2) Patients entering
				certified, funded and/or otherwise authorized programs on a prescribed HIV
				prevention medication regimen must be maintained on such regimen unless
				consultation with the prescribing practitioner and the patient has occurred and
				the patient has consented to an alternative regimen.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.7 - Non-discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Discrimination prohibited.
No program shall deny admission to,
				terminate care and/or treatment, change the status of, limit or otherwise
				reduce the range, quality or variety of addiction services to any person solely
				on the basis of that person's actual, presumed, or alleged HIV-related
				condition or status; provided that this requirement shall not preclude
				appropriate differential treatment necessitated by the individual's medical
				condition.
(b)
Conditions
				prohibited.
No program shall condition admission, continuation of
				services or provision of any needed service on an agreement by the individual
				to obtain an HIV-related test or treatment or to disclose the results of any
				previous or future HIV test.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.8 - Non-discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Discrimination prohibited.
No program shall deny admission to, terminate care and/or
				  treatment, change the status of, limit or otherwise reduce the range, quality
				  or variety of addiction services to any person solely on the basis of that
				  person's actual, presumed, or alleged HIV-related condition or status; provided
				  that this requirement shall not preclude appropriate differential treatment
				  necessitated by the individual's medical condition.
(b)
Conditions prohibited.
No program shall condition admission, continuation of
				  services or provision of any needed service on an agreement by the individual
				  to obtain an HIV-related test or services or to disclose the results of any
				  previous or future HIV test.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.9 - HIV-related staff training and education

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Training and orientation.
(1) Training and orientation of new
				staff must include information and instruction regarding:
(i) the legal prohibitions against
				unauthorized disclosure;
(ii) the
				use of protective equipment and preventive practices and recognition of
				circumstances which represent significant risk of contracting or transmitting
				HIV.
(iii) program policies and
				procedures established pursuant to this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.10 - HIV-related staff training and education

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Training and orientation.
(1) Training and orientation of new staff
				must include information and instruction regarding:
(i) the legal prohibitions against
				unauthorized disclosure of confidential HIV-related information;
(ii) the use of protective equipment and
				preventive practices and recognition of circumstances which represent
				significant risk of contracting or transmitting HIV;
(iii) program policies and procedures
				established pursuant to this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 807 - Responsibilities Regarding HIV/AIDS › Section 807.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part that can be given effect without
				  the invalid provisions or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
An existing or prospective provider of addiction services is
				  required to obtain the prior approval of the commissioner (commissioner) of the
				  New York State Office of Addiction Services and Supports (Office or OASAS)
				  before establishing, incorporating and/or constructing a facility or offering a
				  service. This Part prescribes the criteria and procedures applicable for
				  obtaining such prior approval, as well as the procedural requirements for
				  obtaining the required authorization to provide one or more services by either
				  a prospective or existing provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any existing or prospective provider of
				  services which is required to obtain an operating certificate from the
				  Commissioner in accordance with Articles 19 and 32 of the Mental Hygiene Law
				  and which is proposing the establishment, incorporation, and/or construction of
				  a facility to provide addiction services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.5 - Applications requiring full review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following applications are subject to
				full review in accordance with the provisions of section
				810.8  of this Part:
(1) establishment of any service by a
				prospective provider that has not been previously certified by the office to
				provide addiction services; or
(2)
				any transfer, assignment or other disposition of 10 percent or more of the
				stock or voting rights of a business corporation which is the operator of an
				authorized service, or any transfer, assignment or other disposition of the
				stock or voting rights thereunder of such business corporation which results in
				the ownership or control of more than 10 percent of the stock or voting rights
				thereunder of such business corporation; or
(3) any capital project proposed by a
				certified voluntary provider which requires a new or amended operating
				certificate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.6 - Applications requiring administrative review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following applications are subject to
				administrative review in accordance with the provisions of section
				810.9  of this Part:
(1) establishment or operation of a new
				service by an existing provider of certified services, including an additional
				location application submitted in accordance with section
				810.13(c)  of this
				Part; or
(2) an increase in the
				capacity of a service where capacity is identified on the operating
				certificate; or
(3) the relocation
				of any certified service; or
(4)
				any capital project proposed by a certified voluntary provider which proposes a
				funding source for such project, other than the mental health services
				facilities program (Dormitory Authority of the State of New York), directly or
				indirectly through a closely related entity.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.7 - Standards for approval of an application requiring full or administrative review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To approve a
				project requiring either full or administrative review, the Office must find
				the application meets all of the following:
(1) that there is a public need for the
				services at the time and place and under the circumstances proposed;
(2) that there are no facilities or services
				available which serve as alternatives or substitutes, for the services and
				facilities proposed;
(3) that there
				are no substantiated negative findings as to the character, competence and
				standing in the community of the applicant;
(4) that the available financial resources
				and the sources of future revenues are adequate to meet all necessary and
				proper capital and operating expenses;
(5) that services will be provided in
				compliance with applicable laws and regulations, including, but not limited to,
				the regulatory requirements of this Title;
(6) that ten percent of the owners or
				principals of the applicant have demonstrated, and can substantiate, prior
				substantial experience directly providing or managing substance use disorder
				treatment services, as determined by criteria established by the Office and
				will maintain such experience while Certified;
(7) that the owners or principals of the
				applicant have received a criminal history information review pursuant to the
				provisions of Part 805 of this Title, and the applicant has been subsequently
				approved by the office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.8 - Full review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Forms.
An application for approval of a project that meets the
				  criteria in section
				  810.5  of this Part for full review
				  shall be submitted on forms provided by the office, together with such
				  additional information required to address the standards and criteria for
				  approval set forth herein including, but not limited to, instructions on
				  compliance with any required criminal history information review pursuant to
				  Part 805 of this Title.
(b)
Signatures.
(1) If the applicant
				is a corporation, individual, association or agency, the application shall be
				signed by the chief executive officer or other duly authorized
				officer.
(2) If the applicant is a
				partnership, the application shall be signed by a general partner of such
				partnership.
(3) If the applicant
				is a local governmental unit, the application shall be signed by the director
				of community services.
(4) If the
				applicant is a municipal government other than the local governmental unit, the
				application shall be signed by the head of the department of the municipal
				government under which the proposed service is to be operated.
(5) If the applicant is a State or Federal
				department or agency, the application shall be signed by the head of such
				department or agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.9 - Administrative review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				application for approval of a project that meets the criteria for
				administrative review in section
				810.6  of this Part shall be made
				in accordance with the provisions of section
				810.8(a)-(c)  of
				this Part and the additional provisions of this section.
(b) Local governmental unit review.
If the office determines that the application is eligible for
				  administrative review:
(1) the office
				shall provide copies of the completed application and accompanying documents to
				each local governmental unit in the area of the proposed project. However, when
				an application is submitted by a local governmental unit, the application shall
				not require local governmental unit review;
(2) the local governmental unit shall have a
				reasonable time (defined as fourteen (14) days from date of receipt for purpose
				of this Section) from its receipt of the application, to review the application
				and provide its recommendations to the office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.10 - Actions requiring prior approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following changes and actions require
				prior approval by the commissioner:
(1) the
				proposed incorporation of a new corporation under the Business Corporation Law
				or the Not-for-Profit Corporation Law by an individual association or
				partnership, previously certified by the Office, which involves no additional
				owners or holders of stock or voting rights of 10 percent or more, other than
				those approved for the unincorporated entity;
(2) the change in the name by which a
				certified provider of services is generally known;
(3) a decrease in the capacity of a service
				where capacity is identified on the operating certificate; or
(4) a reduction in the majority of owners or
				principals with prior addiction services experience; or
(5) any change in ownership that would result
				in non-compliance with Section
				810.7(a)(6)  of
				this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.11 - Coordination with the Department of Health

Current through Register Vol. 46, No. 28, July 10, 2024
In order to avoid duplication of administrative effort, those
				  proposed actions which require a review by both the Office and the Department
				  of Health shall be subject to a single review coordinated by the
				  Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.13 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Standard
				certification.
An initial or amended operating certificate shall be issued
				  by the office upon approval of an application through either a full or
				  administrative review process, in accordance with section
				  810.8 or
				  810.9  of this Part, as
				  applicable.
(b)
Temporary certification.
(1)
				Emergency certification.
(i) Whenever deemed
				necessary, the commissioner may issue an emergency operating certificate to a
				certified provider to continue services in the event of a threat or imminent
				threat of a catastrophic or emergency loss of available services.
(ii) The provider of services must
				demonstrate to the office that it meets the requirements of paragraph (3) of
				this subdivision. The commissioner may require any additional information
				necessary to assure the safe and efficient operation of the facility.
(iii) An emergency operating certificate to
				provide services shall be effective upon issuance, for a period established by
				the commissioner, but not to exceed 120 days.
(iv) The commissioner may extend the
				emergency authorization to provide services for one additional period not to
				exceed 120 days.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.14 - Inspection and reviews

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified
				providers of services shall be inspected at least two times per year, once
				without prior notice, for compliance with rules, regulations, policies,
				procedures and requirements of the office. In the sole discretion of the
				office, providers with established records of substantial compliance may be
				inspected only once per year, provided such inspection is without
				notice.
(b) Activities which shall
				constitute inspections for purposes of satisfying the requirements of
				subdivision (a) of this section include, but are not limited to:
(1) a recertification review, made pursuant
				to this section;
(2) an interim
				regulatory compliance review, made pursuant to subdivision (f) of this
				section;
(3) an interim or annual
				performance review, made pursuant to Office policy;
(4) a focused or targeted review, made
				pursuant to Office policy;
(5) a
				facilities evaluation, made pursuant to Office policy;
(6) a fiscal audit or review, made pursuant
				to Office policy;
(7) corrective
				action plan monitoring;
(8) a
				cursory on-site visit; and
(9) an
				accreditation survey, completed by a nationally recognized accrediting
				organization.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.15 - Suspension, revocation or limitation of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any operating
				certificate may, on written notice to the provider of services, be suspended,
				revoked or limited at any time for any of the following reasons:
(1) the provider of services, or anyone on
				its behalf, has procured any approval or certification through fraud or
				deceit;
(2) the Office, or any
				other State agency, has revoked any other approval, authorization or
				certificate issued to the provider;
(3) any principal of the provider of services
				has been convicted in a court of competent jurisdiction, either within or
				without the State, of a felony, or has been convicted of an act in another
				state that would be a felony in New York State;
(4) the provider of services has failed to
				report any important change in the information about a project as required by
				section 810.7(e)  of this
				Part;
(5) the provider of services
				has failed to operate in accordance with the representations made in its
				application;
(6) the provider of
				services has failed to comply with any terms and conditions established by the
				Commissioner on which any operating certificate was issued;
(7) the provider of services has failed to
				operate in compliance with any applicable law, rule or regulation or any
				combination thereof; and/or
(8) the
				provider ceases to provide, or fails to commence, the services that it is
				authorized to provide.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.16 - Voluntary termination of authorized services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A provider of services must provide the
				office with notice of any voluntary termination of any authorized service(s)
				and submit a termination plan at least six (6) months prior to the voluntary
				termination. Such termination plan shall be submitted in a format prescribed by
				the Office and shall include, at a minimum, a comprehensive description of
				clearly defined actions that will be taken to:
(1) assure appropriate referral of
				patients;
(2) preserve the
				confidentiality of patient records; and
(3) ensure appropriate access to patient
				records, financial records and other accounts.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.17 - Ownership of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
All operating certificates shall remain the property of the
				  Office, are non-transferable, and must be returned to the office upon
				  revocation or voluntary termination.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.18 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part of the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part which can be given effect without
				  the invalid provisions or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 812 - Limits On Administrative Expenses And Executive Compensation › Section 812.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement Executive Order No.
				  38, issued by Governor Andrew Cuomo on January 18, 2012, by exercising the
				  authority of the commissioner of the Office of Alcoholism and Substance Abuse
				  Services to issue regulations governing the use of State funds and
				  State-authorized payments in connection with providing program services to
				  members of the public. E.O. No. 38 provides for a limit on administrative
				  expenses and executive compensation of providers of program services in order
				  to meet the State's ongoing obligation to ensure the proper use of taxpayer
				  dollars and the most effective provision of such services to the
				  public.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 812 - Limits On Administrative Expenses And Executive Compensation › Section 812.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental
				Hygiene Law authorizes the commissioner (commissioner) of the office to adopt
				standards including necessary rules and regulations pertaining to chemical
				dependence services.
(b) Section 19.09 (b)  of the Mental
				Hygiene Law authorizes the commissioner to adopt regulations necessary and
				proper to implement any matter under his or her jurisdiction.
(c) Section 19.40  of the Mental Hygiene Law authorizes
				the commissioner to issue operating certificates for the provision of chemical
				dependence services.
(d) Section 25.09  of the Mental Hygiene Law authorizes
				the office to establish limits on the amount of financial support which may be
				advanced or reimbursed to a program for the administration of such
				program.
(e) Section 32.01  of the Mental Hygiene Law authorizes
				the commissioner to adopt any regulation reasonably necessary to implement and
				effectively exercise the powers and perform the duties conferred by article 32
				of the Mental Hygiene Law.
(f)
				Section 32.02  of the Mental Hygiene Law authorizes
				the commissioner to adopt regulations necessary to ensure quality services to
				those suffering from problem gambling.
(g) Section 32.07 (a)  of the Mental
				Hygiene Law authorizes the commissioner to adopt regulations to effectuate the
				provisions and purposes of article 32 of the Mental Hygiene Law.
(h) Section 43.02  of the Mental Hygiene Law authorizes
				the establishment of rates or methods of payment for services at facilities
				subject to licensure or certification by the office.
(i) Executive Order Number 38 requires the
				promulgation of regulations and related actions to address the extent and
				nature of state funded providers' administrative costs and executive
				compensation which shall be eligible for reimbursement with State financial
				assistance or State-authorized payments for operating expenses.
(j) Section 508  of the Not-for-Profit Corporation Law
				requires any incidental profit from fees charged for services shall be applied
				to the maintenance, expansion or operation of the activities of the not for
				profit corporation and in no case be distributed among members, directors or
				officers of the corporation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 812 - Limits On Administrative Expenses And Executive Compensation › Section 812.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Administrative expenses are those
				expenses authorized and allowable pursuant to applicable agency regulations,
				contracts or other rules that govern reimbursement with State funds or
				State-authorized payments that are incurred in connection with the covered
				provider's overall management and necessary overhead that cannot be attributed
				directly to the provision of program services.
(1) Such expenses include but are not limited
				to the following expenses, if otherwise authorized and allowable pursuant to
				applicable agency regulations, contracts or other rules that govern
				reimbursement with State funds or State-authorized payments:
(i) that portion of the salaries and benefits
				of staff performing administrative and coordination functions that cannot be
				attributed to particular program services, including but not limited to the
				executive director or chief executive officer, financial officers such as the
				chief financial officer or controller and accounting personnel, billing,
				claiming or accounts payable and receivable personnel, human resources
				personnel, public relations personnel, administrative office support personnel,
				and information technology personnel, where such expenses cannot be attributed
				directly to the provision of program services;
(ii) that portion of legal expenses that
				cannot be attributed directly to the provision of program services;
				and
(iii) that portion of expenses
				for office operations that cannot be attributed directly to the provision of
				program services, including telephones, computer systems and networks,
				professional and organizational dues, licenses, permits, subscriptions,
				publications, audit services, postage, office supplies, conference expenses,
				publicity and annual reports, insurance premiums, interest charges and
				equipment that is expensed (rather than depreciated) in cost reports, where
				such expenses cannot be attributed directly to the provision of program
				services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 812 - Limits On Administrative Expenses And Executive Compensation › Section 812.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting by
				covered providers. Beginning after the effective date of this regulation,
				covered providers shall submit a completed EO No. 38 disclosure form for each
				covered reporting period. Such form shall be submitted no later than 180
				calendar days following the covered reporting period, unless otherwise
				authorized. Such form shall be submitted in the manner and form specified by
				the office or its designee. Covered providers shall further provide the
				information requested in that form, and any other information requested, upon
				the request of the office or its designee at any time during the term of or
				prior to the execution of any contract or agreement with such
				provider.
(b) Covered providers
				receiving State funds or State-authorized payments from county or local
				government or an entity contracting on its behalf, must report directly to the
				office as required by this section. The county or local government shall advise
				such covered providers of their obligation to report directly to the office
				under this section, but shall not be responsible for receiving or forwarding
				such reports to the department.
(c)
				Failure to report. A covered provider's failure to submit a completed EO No. 38
				disclosure form, or to provide additional or clarifying information at the
				request of the office or its designee, may result in the termination or
				non-renewal of a contract or agreement for State funds or State-authorized
				payments.