reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.4 - Applications to the Surrogate Decision-Making Committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications to the surrogate
				decision-making committee must include a declaration setting forth the
				declarant's reasons for the beliefs that:
1)
				the patient lacks the capacity to consent to a proposed treatment,
2) there is no available and willing
				surrogate to make the decision, and
3) the proposed treatment serves the
				patient's best interests; and supporting documents, if necessary, as set forth
				in this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.5 - Procedures of the surrogate decision-making committee program and panels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of
				the declaration, the procedures of the program staff are as follows:
(1) The program staff or its designee shall
				send a copy of the declaration to the following interested parties as set forth
				in the declaration: the patient, the patient's parent, spouse, adult child,
				legal guardian, other authorized surrogate, correspondent, if known; the
				director of the patient's residential facility or such director's designee; and
				the Mental Hygiene Legal Services (MHLS) departmental office that serves the
				same region as the patient's county of residence.
(i) certified mail, return receipt requested;
				or
(ii) by any other means wherein
				an admission of receipt is obtained in writing; or
(iii) by any other means wherein consent to
				receipt of the declaration by such means was obtained and the individual
				obtaining such consent documents the date and time of the consent, means of
				transmission or delivery and the consenting individual in the panel's record of
				the proceedings; or
(iv) special
				mail service by express mail or use of any special delivery service wherein a
				receipt or record of deposit is prepared and maintained as part of the record;
				or
(v) first class mail when a
				record of deposit is prepared and maintained as part of the record.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.6 - Right of appeal; temporary restraining order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The patient, declarant, a parent, spouse,
				adult child, legal guardian, authorized surrogate, correspondent of the
				patient, the MHLS, or the director of the patient's residential facility may
				apply to the Supreme Court pursuant to article 78 of the CPLR for review of
				whether a determination by a panel is supported by substantial evidence. If a
				trial is required, it shall receive an immediate preference, as provided for in
				section 3403 of the CPLR.
(b)
				Within the discretion of the court, a temporary restraining order may be
				granted by the Supreme Court to facilitate appeal by a proper party, unless it
				is found by the court to be inconsistent with a need for more timely medical
				attention. In the event such an order is granted, the court shall conduct an
				expedited review of the panel's determination.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.7 - Panel members: status as public officers and removal for failure to attend meetings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Panel
				members shall be reimbursed for their actual and necessary expenses and shall
				be considered public officers for the purpose of sections 17, 19 and 74 of the
				POL.
(b) A member who has failed to
				attend three consecutive meetings of the panel to which the member has been
				appointed shall be considered to have vacated his or her office unless the
				Justice Center determines that the absences should be excused. Notice of such
				absences shall be provided to the program staff and vacancies shall be filled
				in accordance with article 80 of the MHL.
(c) A member who has a conflict of interest
				with any patient shall not serve on a panel regarding such patient.
(d) A member who was unable to serve because
				he or she has a conflict of interest shall not be deemed to have failed to
				attend the hearing regarding that declaration.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.8 - Report to the Justice Center

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request of the Justice Center, the program staff shall
				  provide a report on the activities of the committee and its panels containing
				  all information requested by the Justice Center.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 800 - Chemical Dependence Services-general Provisions › Section 800.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to any program
				  certified, funded, designated or otherwise authorized by the Office of
				  Addiction Services and Supports (OASAS).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 800 - Chemical Dependence Services-general Provisions › Section 800.2 - 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 of the Office of
				Addiction Services and Supports to adopt standards including necessary rules
				and regulations pertaining to addiction services.
(b) Section 19.09 (b)  of the Mental Hygiene
				Law authorizes the Commissioner of the Office of Addiction Services and
				Supports to adopt regulations necessary and proper to implement any matter
				under his or her jurisdiction.
(c)
				Section 32.01  of the Mental Hygiene Law authorizes the Commissioner of the
				Office of Addiction Services and Supports 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.
(d) Section 32.07 (a)  of the Mental Hygiene
				Law authorizes the Commissioner of the Office of Addiction Services and
				Supports to adopt regulations to effectuate the provisions and purposes of
				Article 32 of the Mental Hygiene Law.
(e) Article 15 of the Executive Law enacts
				the Human Rights Law prohibiting discrimination against various protected
				classes.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 800 - Chemical Dependence Services-general Provisions › Section 800.5 - Access to Treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Efforts
				to reduce disparities in access to services: Programs shall develop policies
				and procedures to address and make efforts to reduce disparities in access,
				quality of care and treatment outcomes and which prohibit discrimination on the
				basis of age, race, creed, color, national origin, sexual orientation, gender
				identity or expression, military status, sex, marital status or disability in
				accordance with the NYS Human Rights Law, as well as specifically addressing
				policies and procedures for older adults, Veterans, individuals who are deaf
				& hard of hearing, individuals who are Limited English Proficient,
				immigrants, and individuals re-entering communities from criminal justice
				settings. Such policies and procedures shall include, but are not limited to
				the following:
(1) increasing access to care
				and reducing barriers in accessing care;
(2) ensuring quality of care;
(3) increasing positive treatment
				outcomes;
(4) implementing written
				policies on affirmative action which are consistent with the affirmative action
				and equal employment opportunity obligations imposed by state and federal law
				for program staff;
(5) employing
				staff that are proficient in the most prevalent languages spoken by services
				users.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 800 - Chemical Dependence Services-general Provisions › Section 800.7 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner
				may grant a waiver of a Part 800-series addiction services regulatory
				requirement not specifically required by law, if the Commissioner determines
				that:
(1) meeting the requirement would
				impose an unreasonable hardship;
(2)
				the health and safety of patients/residents would not be diminished;
				and
(3) the best interests of the
				patients/residents and the service would be served.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 800 - Chemical Dependence Services-general Provisions › Section 800.8 - 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 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 801 - Behavioral Health Organizations › Section 801.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the responsibilities
				  for providers of Part 816 Medically Managed Detoxification Services and
				  Inpatient Medically Supervised Withdrawal Services, Part 818 Chemical
				  Dependence Inpatient Rehabilitation Services and Part 822 Chemical Dependence
				  Outpatient and Opioid Treatment Services of this Title regarding behavioral
				  health organizations.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 801 - Behavioral Health Organizations › Section 801.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (c)  of the Mental
				Hygiene Law (MHL) charges the Office of Alcoholism and Substance Abuse Services
				(OASAS) with the responsibility for seeing that persons who abuse or are
				dependent on alcohol and/or substances and their families are provided with
				care and treatment that is effective and of high quality.
(b) Section 19.07(e) of the MHL authorizes
				the commissioner to adopt standards including necessary rules and regulations
				pertaining to chemical dependence treatment services.
(c) Section 19.09(b) of the MHL authorizes
				the commissioner to adopt regulations necessary and proper to implement any
				matter under his/her jurisdiction.
(d) Section 19.16 of the MHL requires the
				commissioner to establish and maintain, either directly or through contract, a
				central registry for purposes of preventing multiple enrollments in methadone
				programs.
(e) Section 19.21(b) of
				the MHL requires the commissioner to establish and enforce regulations
				concerning the licensing, certification, and inspection of chemical dependence
				treatment services.
(f) Section
				19.21(d) of the MHL requires OASAS to establish reasonable performance
				standards for providers of services certified by OASAS.
(g) Section 19.40 of the MHL authorizes the
				commissioner to issue operating certificates for the provision of chemical
				dependence treatment services.
(h)
				Section 32.01 of the MHL 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 MHL.
(i) 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.
(j)
				Section 365-m  of the Social Services Law
				authorizes the commissioner of OASAS and the commissioner of the Office of
				Mental Health, 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.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 801 - Behavioral Health Organizations › Section 801.3 - Behavioral health organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Behavioral health organization or BHO shall mean an entity selected by the
				commissioner of the Office of Alcoholism and Substance Abuse Services and the
				commissioner of the Office of Mental Health pursuant to section 365-m of the
				New York State Social Services Law to provide administrative and management
				services for the purposes of conducting concurrent review of behavioral health
				admissions to inpatient treatment settings, assisting in the coordination of
				behavioral health services, and facilitating the integration of such services
				with physical health care.
(b)
				Concurrent review shall mean the review of the clinical necessity for continued
				inpatient behavioral health services, resulting in a non-binding recommendation
				regarding the need for such continued inpatient services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 801 - Behavioral Health Organizations › Section 801.4 - Provider obligations for part 816 and part 818 of this title services

Current through Register Vol. 46, No. 28, July 10, 2024
Providers of Part 816 Medically Managed Detoxification
				  Services and Inpatient Medically Supervised Withdrawal Services and Part 818
				  Chemical Dependence Inpatient Rehabilitation Services of this Title shall
				  cooperate with their designated regional behavioral health organization. At a
				  minimum, such cooperation shall include:
(a) notifying the appropriate behavioral
				health organization of an admission for a behavioral health condition for which
				coverage is provided by Medicaid on a fee-for-service basis to an individual
				who is not also enrolled in the Medicare program. Such notification shall be
				provided within 24 hours of such admission or, for an admission occurring on a
				Friday, Saturday, Sunday or public holiday, by 5:00 p.m. on the next business
				day following such admission. When Medicaid coverage cannot be determined at
				the time of admission, notification shall be provided as soon as practicably
				possible after confirmation of Medicaid eligibility, but in no event more than
				24 hours after such confirmation or, for a confirmation made on a Friday,
				Saturday, Sunday or public holiday, later than 5:00 p.m. on the next business
				day following such confirmation;
(b) cooperating with concurrent review
				activities;
(c) ensuring that the
				discharge plan for such an individual includes consideration of physical health
				needs and services;
(d) notifying
				such behavioral health organization no later than 24 hours subsequent to the
				discharge of such an individual or, for a discharge occurring on a Friday,
				Saturday, Sunday or public holiday, by 5:00 p.m. on the next business day
				following such discharge; and
(e)
				seeking to obtain, as needed, such individual's consent to receive and provide
				information in a manner that is consistent with Federal and State
				confidentiality laws.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 801 - Behavioral Health Organizations › Section 801.5 - Provider obligations for part 822 of this title services

Current through Register Vol. 46, No. 28, July 10, 2024
Providers of Part 822 Chemical Dependence Outpatient and
				  Opioid Treatment Services of this Title shall cooperate with designated
				  regional behavioral health organizations and shall be authorized to exchange
				  clinical information concerning clients with such organizations in a manner
				  consistent with Federal and State confidentiality laws.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 802 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 802.1 - Background and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide a means to support the
				  stability and geographic distribution of substance use disorder treatment
				  services throughout all geographic and economic regions of the State. A
				  designation of vital access provider denotes the State's determination to
				  ensure patient access to a provider's essential services otherwise jeopardized
				  by the provider's payer mix or geographic isolation. Vital access providers in
				  the OASAS system are limited to eligible OASAS certified inpatient
				  rehabilitation facilities, or such other programs as may be designated by the
				  commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 802 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 802.2 - 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 32.07 (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.
(g) 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.
(h) Section 23 of part C of chapter 58 of the
				Laws of 2009, authorizes the commissioner, with the approval of the
				Commissioner of Health and the Director of the Budget, to promulgate
				regulations pursuant to article 32 of the Mental Hygiene Law utilizing the APG
				methodology described in section
				841.14(c) 
				of this Part for the purpose of establishing standards and methods of payments
				made by government agencies pursuant to title 11 of article 5 of the Social
				Services Law for chemical dependence outpatient clinic services.
(i) Chapter 53 of the Laws of 2014 authorizes
				the commissioner to provide special funding to certain designated
				providers.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 802 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 802.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Vital
				Access Program
means a program of supplemental State funding and/or
				temporary rate adjustments available to designated vital access providers
				pursuant to Part 841 of this Title and the provisions of this Part.
(b)
Vital Access Provider
				(VAP)
means an OASAS certified program that is designated by the
				commissioner as essential but not financially viable because of its service to
				financially vulnerable populations and/or provision of essential services in an
				otherwise underserved region.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 802 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 802.4 - Vital Access Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Program
.
The Vital Access Program is a program of ongoing supplement
				  to the non-capital component of service reimbursement rates calculated pursuant
				  to Part 841 of this Title, or exemption from payment reductions, as long as the
				  designation as a vital access provider, as determined pursuant to this section,
				  applies.
(b)
Eligibility
.
The commissioner may grant approval of temporary adjustments
				  to OASAS certified inpatient rehabilitation (IPRs) programs, or such other
				  programs as may be designated by the commissioner, which demonstrate through
				  submission of a written application that the additional resources provided by a
				  temporary rate adjustment will achieve one or more of the following:
(1) protect or enhance access to
				care;
(2) protect or enhance
				quality of care;
(3) improve the
				cost effectiveness of the delivery of health care services; or
(4) otherwise protect or enhance the health
				care delivery system, as determined by the commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 802 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 802.5 - 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 803 - Public Access To Records › Section 803.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
				  procedures governing the nature, availability and location of those records of
				  the New York State Office of Alcoholism and Substance Abuse Services which are
				  covered by the Freedom of Information Law (article 6 of the Public Officers
				  Law) and the rules of the New York State Committee on Public Access to Records
				  (21 NYCRR Part 1401).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms as defined:
(a) Business day means the regular hours that
				the records access office is open on any day except Saturdays, Sundays and
				public holidays.
(b) Record means
				any information kept, held, filed, produced or reproduced by, with, or for the
				office in any physical form whatsoever, including, but not limited to, reports,
				statements, examinations, memoranda, folders, files, books, brochures, manuals,
				pamphlets, forms, papers, designs, drawings, maps, photographs, letters,
				microfilms, computer tapes, discs, cartridges or other means of storing
				information.
(c) Records access
				officer means the duly designated person to whom requests for access to office
				records shall be made.
(d) Records
				access appeals officer means the duly designated person to whom appeals from
				the decisions of the records access officer shall be addressed.
(e) Subject matter list means a reasonably
				detailed current list of all office records arranged by subject matter,
				regardless of whether or not such records are available to the public pursuant
				to section 87 (2)  of the Public Officers
				Law, which is sufficiently detailed to permit identification of the category of
				any record sought.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer of the office is the Public Information Officer.
(b) All requests for access to office records
				shall be addressed as follows: Public Information Officer, New York State
				Office of Alcoholism and Substance Abuse Services, 1450 Western Avenue, Albany,
				NY 12203-3526.
(c) The records
				access officer shall have the following responsibilities:
(1) to ensure that a current subject matter
				list of all office records is maintained and that such list is brought up to
				date at least twice each year;
(2)
				to offer assistance to any person requesting access to office records in the
				identification of the record or records requested;
(3) to search for the records requested, and
				if unable to locate them, shall:
(i) certify
				that the office is not the custodian of the record requested; or
(ii) certify that, although the office is the
				custodian of the record requested, the record cannot be found after a diligent
				search;
(iii) certify that the
				requested record is not available because it is beyond the time period of the
				agency's record retention policy;
(4) to determine, after locating the records,
				that:
(i) the record is available for public
				inspection, and make it available for inspection and/or copying; or
(ii) the record is not available for public
				inspection for any of the reasons set forth in section 87 (2)  of the Public Officers
				Law and deny access in accordance with section
				803.8  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 803 - Public Access To Records › Section 803.4 - Times and places for inspection of office records

Current through Register Vol. 46, No. 28, July 10, 2024
Office records or copies thereof for which requests for
				  access have been approved may be inspected on business days at locations
				  specified by the records access officer between 9:00 a.m. and 4:30
				  p.m.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.5 - Fees for copying records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except when
				otherwise prescribed by law, the fee for photocopying office records shall be
				25 cents per page for photocopies not exceeding 9 by 14 inches, or the actual
				reproduction cost of any other record. However, any such fee may be waived or
				reduced at the discretion of the records access officer.
(b) If for any reason a photocopying machine
				is not available and the person requesting access to an office record requests
				a transcript of such record, either typewritten or handwritten, a fee for the
				clerical time involved in making such transcript may be charged.
(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) There shall be no fee charged for any of
				the following:
(1) inspection of a
				record;
(2) a search for any office
				record; or
(3) the certification of
				any record.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.6 - Procedures for obtaining access to office records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Request for access to office records.
(1) Any request for access to a record or
				records shall be made to the records access officer and must be in
				writing.
(2) Each such request
				shall describe the record or records sought as reasonably as possible with
				information regarding dates, file designations and any other available data
				which will be held in the search for the record or records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.7 - Approvals of requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				request for access to office records shall be granted except where there are
				grounds for denial. In addition to those listed in section 87  of the Public Officers Law, also known as
				the Freedom of Information Law, other grounds for denial include, but are not
				limited to, provisions of other Federal and State statutes and
				regulations.
(b) The written
				response approving any request for access to office records shall indicate the
				time and place where the record or records may be inspected.
(c) The original or file copy of any
				releasable office record shall not be released by the office but may be
				inspected by any person in the presence of the records access officer or other
				designated employee of the office.
(d) If requested, a photocopy of any
				releasable office record shall be furnished by the records access officer to
				any person upon payment of the appropriate fee in accordance with the
				provisions of section
				803.5  of
				this Part.
(e) Upon request, the
				records access officer shall certify that any office record being inspected, or
				a copy thereof, is a true copy.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.8 - Denials of requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any denial
				of a request for access to office records shall be by written notice and such
				notice shall:
(1) state the reasons for the
				denial;
(2) advise the person
				making the request that such denial may be appealed to the records access
				appeals officer;
(3) advise the
				person of the name, business address and telephone number of the records access
				appeals officer; and
(4) advise
				that any such appeal must be made within 30 days after the date of the denial
				notification.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.9 - Appeals of denials of access to office records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records access appeals officer. The
				Records access appeals officer for the office shall be the office general
				counsel.
(b) Appealing a denial of
				access.
(1) Any person who has been denied
				access to office records may make a written appeal within 30 days of the date
				of such denial to the records access appeals officer.
(2) Any such written appeal shall be
				addressed as follows: Division of Legal Affairs, New York State Office of
				Alcoholism and Substance Abuse Services, 1450 Western Avenue, Albany, NY
				12203-3526.
(3) Every such written
				appeal shall contain:
(i) the date of the
				original request for access to office records;
(ii) a description of the record or records
				to which access was denied;
(iii)
				the reason or reasons stated in the denial notice; and
(iv) the name and return address of the
				person appealing the denial.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.10 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices
				shall be posted in conspicuous locations in the office central office, each
				office regional office and in each State-operated addiction treatment center
				which will indicate the following:
(1)
				Locations where office records shall be made available for inspection and
				copying.
(2) The name, title,
				business address and business telephone of the office records access
				officer.
(3) The right of appeal by
				any person denied access to office records and the name, title and business
				address of the records access appeals officer.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.11 - Trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Trade
				secrets received in conjunction with applications for office approval, funding
				or certification.
(1) Information or documents
				constituting trade secrets required to be submitted as part of applications to
				the office for approval, funding and/or certification shall be identified in
				writing by the applicant as a trade secret prior to or at the time of
				submission of the application to the office.
(2) After receipt of a request that
				information or documents be exempt from disclosure as trade secrets, the
				records access officer shall review the sufficiency of such request. If the
				records access officer determines that the information or documents do not
				constitute a trade secret, a written determination shall be issued denying the
				request and stating the reasons for the denial. Appeals from denials are
				governed by section 89, subparagraph (5)(c)(1) of the Public Officers
				Law.
(3) Information or documents
				identified by an applicant as a trade secret and so designated by the office
				shall be distributed outside the office only to the local government unit and
				health systems agency as required by sections 32.29 and
				32.31  of the Mental Hygiene Law.
(4) Except as provided in subdivision (b) of
				this section, information and documents identified as trade secrets shall be
				given only to employees or others acting as agents of the office who need such
				information and/or documents in connection with the review of such
				application.
(5) The office and/or
				its agents shall not use said information or documents designated as trade
				secrets for any purpose other than the appropriate review of the
				application.
(6) Information and
				documents identified as trade secrets shall be returned to the applicant if the
				application is disapproved. If the application is approved, the information and
				documents containing trade secrets shall be sealed and stored separately from
				other application materials and reasonably secured from access by unauthorized
				persons.
(7) Any request for access
				to information or documents containing trade secrets shall be dealt with in
				accordance with the Freedom of Information Law (subdivisions [3], [4] and [5]
				of section 89  of the Public Officers Law). All such
				requests for access shall be directed to the office's records access
				officer.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 803 - Public Access To Records › Section 803.12 - 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
				  remaining provisions of this Part or the application thereof to other persons
				  or circumstances.
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 804.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement the provisions of
				  article 6-A of the Public Officers Law by establishing procedures under which a
				  data subject may have access to records maintained by the office pertaining to
				  such subject.
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 804.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part the following terms shall mean:
(a) Office means the Office of Alcoholism and
				Substance Abuse Services of the State of New York, established pursuant to
				article 19 of the Mental Hygiene Law.
(b) Commissioner means the Commissioner of
				the Office of Alcoholism and Substance Abuse Services.
(c) Committee means the Committee on Open
				Government.
(d) Data subject means
				any natural person about whom personal information has been collected by the
				office.
(e) Personal information
				means any information concerning a data subject which, because of name, number,
				symbol, mark or other identifier, can be used to identify the data
				subject.
(f) Disclose means to
				reveal, release, transfer, disseminate or otherwise communicate personal
				information or records orally, in writing or by electronic or any means other
				than the data subject.
(g)
				Governmental unit means any governmental entity performing a governmental or
				proprietary function for the Federal government or for any state or any
				municipality thereof.
(h) Law means
				any state or Federal statute, rule or regulation.
(i) Record means any item, collection or
				grouping of personal information about a data subject which is maintained and
				is retrievable by use of the name or other identifier of the data subject. The
				term record shall not include personal information which is not used to make
				any determination about the data subject if it is:
(1) a telephone book or directory which is
				used exclusively for telephone and directory information;
(2) any card catalog, book or other resource
				material in any library;
(3) any
				compilation of names and addresses only which is used exclusively for the
				purpose of mailing office information;
(4) personal information required by law to
				be maintained, and required by law to be used, only for statistical research or
				reporting purposes;
(5) information
				requested by the office which is necessary to answer unsolicited requests by
				the data subject for information; or
(6) correspondence files.
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 804.3 - Personal privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The office's Director of the Bureau of Communications and Community Relations,
				is hereby designated personal privacy compliance officer and is responsible for
				ensuring that the office complies with the provisions of the Personal Privacy
				Protection Law and these regulations and for coordinating responses to requests
				for records or amendment of records.
(b) The address of the personal privacy
				compliance officer is: New York State Office of Alcoholism and Substance Abuse
				Services, 1450 Western Avenue, Albany, NY 12203-3526.
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 804.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person who
				wishes to determine whether he/she is a data subject in records maintained by
				the office may contact the personal privacy compliance officer, who will assist
				in identifying such records and, if appropriate, will describe the contents of
				the office's system of records orally or in writing.
(b) Requests for access to records must be
				made to the personal privacy compliance officer in writing and must reasonably
				describe the records sought. Whenever possible the data subject should supply
				identifying information that assists the office in locating the records sought.
				Requests will be accepted by mail, or in person at the address of the personal
				privacy compliance officer listed in section
				804.3(b) 
				of this Part on any business day between the hours of 9:00 a.m. and 4:30
				p.m.
(c) Within five business days
				of the receipt of a request, the office shall either provide access to the
				record or deny access in writing, explaining the reasons therefor, or
				acknowledge the receipt of the request in writing, stating the approximate date
				when the request will be granted or denied, which shall be within 30 days from
				the date of the acknowledgment.
(d)
				When the record is located, the office shall:
(1) make the record available for inspection,
				in a printed form without codes or symbols, unless an accompanying document
				explaining such codes or symbols is also provided;
(2) if requested, make a copy available, upon
				payment of or offer to pay the fees authorized by section
				804.10  of this
				Part, or permit the data subject to copy the record by hand; or
(3) deny access to the record in whole or in
				part and explain in writing the reasons therefor.
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 804.5 - Records which are exempt from access by data subjects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personal information specifically
				prohibited by statute from disclosure.
(b) Records concerning mental disability or
				medical records where access is not otherwise required by law.
(c) Personal information pertaining to the
				incarceration of an inmate at a state correctional facility which is evaluative
				in nature or could endanger the life or safety of any person, unless access is
				otherwise permitted by law or by court order.
(d) Attorney's work product or material
				prepared for litigation, except pursuant to statute, subpoena issued in the
				course of a criminal action or proceeding, court-ordered or grand jury
				subpoena, search warrant or other court-ordered disclosure.
(e) Public safety agency records.
(f) Records containing information compiled
				for law enforcement purposes which if disclosed would:
(1) interfere with law enforcement
				investigations or judicial proceedings;
(2) deprive a person of a right to a fair
				trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal criminal
				investigative techniques or procedures, except routine techniques and
				procedures.
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 804.6 - Correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a written request from a data
				  subject for correction or amendment of a record or personal information that is
				  reasonably described and that pertains to the data subject, which he or she
				  believes is not accurate, relevant, timely or complete, the office
				  shall:
(a) make the correction or
				amendment in whole or in part and inform the data subject that, on his or her
				request, such correction or amendment will be provided to any person or
				governmental unit to which the record or personal information has been or is
				disclosed pursuant to paragraph (c) of subdivision 3 of section 94  of the Public Officers Law; or
(b) inform the data subject in writing of its
				refusal to correct or amend the record, including the reasons
				therefor.
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 804.7 - Office's failure to respond

Current through Register Vol. 46, No. 28, July 10, 2024
A failure to grant or deny access to records within five
				  business days of the receipt of a request or within 30 days of an
				  acknowledgment of the receipt of such request, or failure to respond to a
				  request for correction or amendment of a record within 30 business days of
				  receipt of such a request, shall be construed as a denial that may be
				  appealed.
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 804.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to correct or amend a record or
				personal information pursuant to this Part may, within 30 business days of such
				denial, appeal in writing to the Division of Legal Affairs at the following
				address: 1450 Western Avenue, Albany, NY 12203-3526.
(b) In order to be acted upon, the appeal
				must identify:
(1) the record that it
				concerns;
(2) the date and location
				of a request for a record or correction or amendment of a record or personal
				information; and
(3) the appellant,
				and list his or her address.