N.Y. Comp. Codes R. & Regs. tit. 14 § 671.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 671.3 - Statutory authority

(a) Sections 13.01 and 13.07 of the Mental Hygiene Law authorize the OPWDD to develop an effective, integrated, comprehensive system for the delivery of services to people with developmental disabilities and to create financing procedures and mechanisms to support such a system of services.

(b) 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.

(c) Article 16 sets forth provisions enabling the commissioner of the OPWDD to regulate 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.

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

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

(f) Section 43.02(a) of the Mental Hygiene Law requires that payment made under the Medicaid program for services provided by any facility licensed or operated by OPWDD be at levels of reimbursement certified by the commissioner of OPWDD and approved by the Director of the Division of the Budget.

(g) Section 43.02(b) of the Mental Hygiene Law gives the commissioner the authority to request operators of facilities certified by the Office for People With Developmental Disabilities to submit financial, statistical and program information as the commissioner may determine to be necessary.

(h) Section 43.02(c) of the Mental Hygiene Law requires the commissioner of OPWDD to adopt rules and regulations to effectuate the provisions of section 43.02.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 671.3

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