N.Y. Comp. Codes R. & Regs. tit. 14 § 690.2

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

Section 690.2 - Legal base

(a) The following sections of the Mental Hygiene Law authorize the commissioner to establish a separate class of operating certificate for day treatment facilities (see glossary) and to establish the standards governing such facilities:

(1) Sections 13.01 and 13.07 of the Mental Hygiene Law authorize OPWDD to pursue expansion of services and develop new methods of service delivery to serve the full range of needs of persons with developmental disabilities. Further, consistent with chapter 676 of the Laws of 1994, such methods of service delivery shall have as primary purposes, the attainment and promotion of independence, inclusion, individuality and productivity for persons with developmental disabilities.

(2) 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.

(3) Section 16.02 of the Mental Hygiene Law prohibits the operation of nonresidential facilities providing services for persons with developmental disabilities, unless an operating certificate has been obtained from the commissioner.

(4) Sections 16.03 and 16.05 of the Mental Hygiene Law provide that no operating certificate shall be issued by the commissioner unless the premises, equipment, personnel, and program are found to be adequate 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.

(5) Sections 16.11 and 16.19 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, to interview personnel, and obtain such other information as may be required in order to carry out the responsibilities of article 16 of the Mental Hygiene Law.

(6) Section 16.13 of the Mental Hygiene Law requires holders of operating certificates issued by the commissioner to assist OPWDD in carrying out its regulatory functions.

(7) 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 statue, rule or regulation.

(b) Sections 364 and 364 (a) of the Social Services Law provide that OPWDD is responsible for establishing and maintaining standards for medical care and services in facilities under its jurisdiction in accordance with cooperative arrangements with the Department of Social Services and other State agencies.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 690.2

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