N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-1.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 635-1.3 - Statutory authority

(a) 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 persons with mental retardation and/or other developmental disabilities.

(b) Section 13.09 (b) of the Mental Hygiene Law grants the commissioner of OPWDD the authority to adopt rules and regulations necessary and proper to implement any matter under his or her jurisdiction.

(c) Section 13.39 of the Mental Hygiene Law requires that the executive director, chairperson or president of a voluntary not-for-profit corporation (see glossary) or facility, annually furnish the commissioner with an accurate list of the names and addresses of the current members of the governing body (see glossary) or trustees of such facility or corporation. The statute specifies that failure to furnish such annual list shall remove such facility or corporation from consideration for continued certification.

(d) Article 16 of the Mental Hygiene Law sets forth provisions enabling the commissioner of the OPWDD to regulation and assure the consistent high quality of services provided within the State to its citizens with developmental disabilities. The commissioner may adopt and promulgate any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by this Article.

(e) Section 16.03 of the Mental Hygiene Law prohibits any provider of service from engaging in the operation of a residential facility, including a family care home for the care, custody and treatment of persons with developmental disabilities without an operating certificate issued by the commissioner. Further, no party may engage in the operation of nonresidential or outpatient services operated for the primary purpose of serving those with developmental disabilities without an operating certificate from the commissioner.

(f) Section 16.05 of the Mental Hygiene Law provides that no operating certificate shall be issued by the commissioner unless the commissioner is satisfied that the premises, equipment, personnel, records and program are found to be adequate and appropriate to provide services for which an operating certificate is sought; and that such services will be provided in substantial compliance with applicable laws and regulations.

(g) Section 16.11 of the Mental Hygiene Law authorizes the commissioner or an authorized representative to conduct investigations and inspections and permits review of the facility and all its books and records.

(h) Section 16.13 of the Mental Hygiene Law requires holders of operating certificates issued by the commissioner to cooperate during such investigations by permitting review of the facility and all its books and records.

(i) Section 16.17 of the Mental Hygiene Law authorizes the commissioner to revoke, suspend or limit an operating certificate, or impose a penalty, upon a finding that the certificate holder has failed to comply with the terms of the operating certificate or with the provision of any applicable statute, rule or regulation. This section also authorizes the commissioner to temporarily suspend or limit an operating certificate following a finding that a person's health or safety is in imminent danger or there exist any conditions or practices which pose imminent danger to the health or safety of any person receiving services.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-1.3

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015

Amended New York State Register April 20, 2016/Volume XXXVIII, Issue 16, eff. 4/20/2016

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016