N.Y. Comp. Codes R. & Regs. tit. 14 § 681.2

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

Section 681.2 - Legal base

The following sections of the Mental Hygiene Law authorize the commissioner (see glossary, section 681.13 of this Part) of the Office for People With Developmental Disabilities to establish a separate class of operating certificate for intermediate care facilities and to establish the standards governing such facilities.

(a) 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 people with developmental disabilities.

(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) 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 and treatment of persons with developmental disabilities without an operating certificate issued by the commissioner.

(d) Section 16.01 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.

(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 such 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.

(i) 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.

(j) Section 42 Code of Federal Regulations (CFR) 483 and 456 set forth the Federal requirements for issuance of a provider agreement for services at the intermediate care facility for individuals with intellectual disability level of care, and as per section 681.1 of this Part, are applicable to ICF.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 681.2

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