N.Y. Comp. Codes R. & Regs. tit. 14 § 679.2

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

Section 679.2 - Statutory authority

(a) The following sections of the Mental Hygiene Law authorize the commissioner to establish separate classes of operating certificates for facilities serving persons with developmental disabilities and to establish the standards governing such facilities.

(1) Section 13.07 of the Mental Hygiene Law makes it the responsibility of OPWDD to assure the development of comprehensive plans, programs, and services in the areas of research, prevention, care, treatment, rehabilitation, education, and training of persons with developmental disabilities. The OPWDD also has the responsibility to ensure that such care, treatment, and other appropriate services provided under its aegis are of high quality and effectiveness and that the personal and civil rights of persons receiving services are adequately protected.

(2) Sections 13.09 and 16.00 of the Mental Hygiene Law sets forth provisions enabling the commissioner to regulate and assure the consistent high quality of services provided to persons 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.

(3) Prior to April 13, 2015, section 43.02 of the Mental Hygiene Law authorized the commissioner to establish rates or methods of payment for services at facilities subject to licensure by OPWDD. Effective April 13, 2015, section 43.02 of the Mental Hygiene Law authorizes the Department of Health to establish such rates and methods for payment, subject to the approval of OPWDD. Section 43.02 of the Mental Hygiene Law also authorizes the commissioner of OPWDD to require financial, statistical, and program information as the commissioner may determine necessary.

(b) Sections 364 and 364 (a) of the Social Services Law provide that OPWSDD shall be responsible 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.

(c) Section 367-u of the Social Services Law provides that the commissioner shall not exclude from the payment of medical assistance funds the delivery of healthcare services through telehealth when the services are provided pursuant to section 2999-cc (3) of the Public Health Law and meet the requirements of federal law, rules and regulations.

(d) Chapter 58 of the Laws of 2009, section 21 authorizes the commissioners of OPWDD and Health to jointly implement the ambulatory patient group reimbursement methodology for determining rates of payment for clinic services rendered pursuant to providers' licensure under article 16 of the Mental Hygiene Law.

(e) Subdivision 2-a of section 2807 of the Public Health Law describes the ambulatory patient group methodology including a transitional process/schedule for implementation.

(f) Section 2999-cc of the Public Health Law provides that health care services, which must include the assessment, diagnosis, consultation, treatment, education, care management, and/or self-management of a patient, may be provided via the use of electronic information and communication technologies between qualifying providers located at a distant site and a patient located at an originating site.

(g) Section 4406-g of the Public Health Law provides that a health maintenance organization shall not exclude from coverage a service that is covered under an enrollee contract of a health maintenance organization because the service is delivered via telehealth.

(h) Sections 3217-h and 4306-g of the Insurance Law provide that under an insurance policy that provides comprehensive coverage for hospital, medical or surgical care, said services shall not be exclude d from cover- age because the service is delivered via telehealth.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 679.2

Amended New York State Register March 30, 2016/Volume XXXVIII, Issue 13, eff. 4/1/2016

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

Amended New York State Register December 12, 2018/Volume XL, Issue 50, eff. 12/12/2018