N.Y. Comp. Codes R. & Regs. tit. 14 § 686.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 686.4 - Legal base

The following sections of the Mental Hygiene Law authorize the commissioner to establish a separate class of operating certificate for community residences and to establish the standards governing such facilities.

(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 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 16.03 of the Mental Hygiene Law prohibits any provider of service from engaging in the operation of a residential facility for the care, custody and treatment of people with developmental disabilities without an operating certificate issued by the commissioner.

(e) Section 16.05 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.

(f) 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.

(g) 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.

(h) Section 16.17 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 the terms of the operating certificate or with the provisions 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 exists any condition or practice or a continuing pattern of conditions or practices which poses imminent danger to the health or safety of any individual.

(i) Section 41.36 of the Mental Hygiene Law authorizes the commissioner to establish rules and regulations governing reimbursement and funding of community residential facilities.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 686.4

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

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