N.Y. Comp. Codes R. & Regs. tit. 14 § 680.2

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

Section 680.2 - Statutory authority

(a) 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.

(b) Section 29.01 of the Mental Hygiene Law empowers the commissioner to make regulations governing admissions of individuals with developmental disabilities to facilities for the residential care, treatment, training or education of the individuals with developmental disabilities for which the commissioner has issued an operating certificate.

(c) Section 16.00 of the Mental Hygiene Law authorizes the commissioner to issue regulations governing the operation of programs and the provision of services for persons with developmental disabilities.

(d) Section 16.03 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 the people 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 the people with developmental disabilities without an operating certificate issued by the commissioner.

(e) Section 16.01 of the Mental Hygiene Law authorizes the commissioner to issue regulations governing the uniform definition of services, uniform standards of comparable services and programs, uniform financial reporting procedures, uniform clinical reporting procedures; and uniform requirements for the generation of data for persons receiving services under the auspices of the Office for People With Developmental Disabilities.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 680.2

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