New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 676 - Diagnostic and Research Clinics › Section 676.2 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 13.17 (b)  of the Mental
				Hygiene Law designates the New York State Institute for Basic Research in
				Mental Retardation as a State facility established to conduct medical research
				and other scientific investigations directed toward furthering knowledge of the
				etiology, diagnosis, treatment and prevention of developmental disabilities.
				This same section names the schools operated by the Office for People With
				Developmental Disabilities for the care and treatment of individuals with
				developmental disabilities.
(b)
				Sections 13.01 and
				13.07  of the Mental Hygiene Law authorize
				the Office for People With Developmental Disabilities to pursue expansion of
				services and develop new methods of service delivery to serve the full range of
				needs of individuals with developmental disabilities.
(c) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the power to adopt rules and regulations which are necessary and
				proper to implement any matter under his or her jurisdiction.
(d) Section 29.01  of the Mental Hygiene Law empowers
				the commissioner to make regulations governing admissions of individuals with
				developmental disabilities to hospitals and the identification processing of
				patients. The commissioner is also authorized to prescribe and furnish forms
				for use in procedures for admission with admission dependent on the use of such
				forms.
(e) Section 31.02  of the Mental Hygiene Law requires
				an operating certificate issued by the commissioner for operation of any part
				of a general hospital for the purpose of providing residential or
				nonresidential services for persons with developmental disabilities. This
				section also prohibits any provider of service from engaging in the operation
				of a residential facility for the care, custody and treatment of persons with
				developmental disabilities without an operating certificate issued by the
				commissioner.
(f) Section 31.04  of the Mental Hygiene Law authorizes
				the commissioner to adopt regulations establishing classes of operating
				certificates. Furthermore, this section authorizes the commissioner to adopt
				regulations establishing procedures for the issuance, amendment and renewal of
				operating certificates. This section also authorizes the commissioner to adopt
				regulations setting standards of quality and adequacy for facilities,
				equipment, personnel, records, services and programs pursuant to an operating
				certificate.
(g) Section 31.05  of the Mental Hygiene Law provides
				that no operating certificate shall be issued by the commissioner unless the
				premises, equipment, personnel, records and program are found to be adequate
				and appropriate to provide the services for which an operating certificate is
				sought; and that such services will be provided in compliance with applicable
				laws and regulations.
(h) Sections 13.07 and
				31.09  of the Mental Hygiene Law authorize
				the commissioner or an authorized representative to conduct investigations and
				inspections and permit review of the facility and all its books and
				records.
(i) Section 31.11  of the Mental Hygiene Law requires
				holders of operating certificates issued by the commissioner to cooperate
				during such inspections by permitting review of the facility and all its books
				and records.
(j) Section 31.15 of
				the Mental Hygiene Law authorizes the commissioner to revoke, suspend, or limit
				an operating certificate upon a finding that the certificate holder has failed
				to comply with terms of the operating certificate or with the provisions of any
				applicable statute, rule or regulation.
(k) Section 363-a.2 of the Social Services
				Law authorizes the Department of Social Services to implement Medicaid funded
				programs within the State of New York.
(l) Sections 364.3 and 364-a.1 of the Social
				Services Law grant OPWDD the responsibility for establishing and maintaining
				standards for medical care and services in facilities under its jurisdiction
				and that it will do so in accordance with cooperative arrangements with the
				Department of Social Services and other State agencies.
(m) Sections 571, 572, 573, 574 and
				575  of the Public Health Law establish
				requirements governing the direction and operation of clinical laboratories.
				These sections apply to all laboratories within the State except, according to
				section 579, laboratories operated by the State or the Federal
				government.