N.Y. Comp. Codes R. & Regs. tit. 14 § 676.2

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

Section 676.2 - Statutory authority

(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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 676.2

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