New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 1 - General
Part 404 - INTEGRATED OUTPATIENT SERVICES
Section 404.2 - Legal Base
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 404.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Office of Mental Health.
(1) Section
7.09 of the
Mental Hygiene Law (MHL) grants the commissioner of Mental Health the power and
responsibility to adopt regulations that are necessary and proper to implement
matters under his or her jurisdiction.
(2) Section 7.15 of the MHL charges the
commissioner of Mental Health with the responsibility for planning, promoting,
establishing, developing, coordinating, evaluating and conducting programs and
services of prevention, diagnosis, examination, care, treatment,
rehabilitation, training, and research for the benefit of persons with mental
illness. Such law further authorizes the commissioner to take all actions that
are necessary, desirable, or proper to carry out the statutory purposes and
objectives of the Office of Mental Health, including undertaking activities in
cooperation and agreement with other offices within the Department of Mental
Hygiene, as well as with other departments or agencies of state
government.
(3) Section 31.04 of
the MHL authorizes the commissioner of Mental Health to set standards of
quality and adequacy of facilities, equipment, personnel, services, records and
programs for the rendition of services for adults diagnosed with mental illness
or children diagnosed with emotional disturbance, pursuant to an operating
certificate.
(4) Sections 31.07,
31.09, 31.13, and 31.19 of the MHL authorize the commissioner of Mental Health
or his or her representatives to examine and inspect such programs to determine
their suitability and proper operation. Section 31.16 authorizes such
commissioner to suspend, revoke or limit any operating certificate, under
certain circumstances.
(5) Section
31.11 of the MHL requires every holder of an operating certificate to assist
the Office of Mental Health in carrying out its regulatory functions by
cooperating with the commissioner of Mental Health in any inspection or
investigation, permitting such commissioner to inspect its facility, books and
records, including recipients' records, and making such reports, uniform and
otherwise, as are required by such commissioner.
(6) Article 33 of the MHL establishing basic
rights of persons diagnosed with mental illness.
(7) Sections
364 and
364-a of
the Social Services Law give the Office of Mental Health responsibility for
establishing and maintaining standards for medical care and services in
facilities under its jurisdiction, in accordance with cooperative arrangements
with the Department of Health.
(b) Department of Health. Section 2803 of the Public Health Law (PHL) authorizes the Public Health and Health Planning Council to adopt and amend rules and regulations, subject to the approval of the commissioner, to implement the provisions of PHL Article 28, and to establish minimum standards governing the operation of health care facilities.
(c) Office of Alcoholism and Substance Abuse Services.
(1)
Section 19.07(c) of the MHL charges the commissioner of the Office of
Alcoholism and Substance Abuse Services with the responsibility to ensure that
persons who abuse or are dependent on alcohol and/or substances and their
families are provided with care and treatment that is effective and of high
quality.
(2) Section 19.07(e) of
the MHL authorizes the commissioner of the Office of Alcoholism and Substance
Abuse Services to adopt standards including necessary rules and regulations
pertaining to substance use disorder treatment services.
(3) Section 19.09(b) of the MHL authorizes
the commissioner of the Office of Alcoholism and Substance Abuse Services to
adopt regulations necessary and proper to implement any matter under his/her
jurisdiction.
(4) Section 19.21(b)
of the MHL requires the commissioner of the Office of Alcoholism and Substance
Abuse Services to establish and enforce regulations concerning the licensing,
certification, and inspection of substance use disorder treatment
services.
(5) Section 19.21(d) of
the MHL requires the Office of Alcoholism and Substance Abuse Services to
establish reasonable performance standards for providers of services certified
by the Office.
(6) Section 19.40 of
the MHL authorizes the commissioner of the Office of Alcoholism and Substance
Abuse Services to issue operating certificates for the provision of substance
use disorder treatment services.
(7) Section 32.01 of the MHL authorizes the
commissioner of the Office of Alcoholism and Substance Abuse Services to adopt
any regulation reasonably necessary to implement and effectively exercise the
powers and perform the duties conferred by Article 32 of the MHL.
(8) Section 32.07(a) of the MHL authorizes
the commissioner of the Office of Alcoholism and Substance Abuse Services to
adopt regulations to effectuate the provisions and purposes of Article 32 of
the MHL.
(9) Section 32.05(b) of
the MHL provides that a controlled substance designated by the commissioner of
health as appropriate for such use may be used by a physician to treat a
chemically dependent individual pursuant to section 32.09(b) of the
MHL.
(10) Section 32.09(b) of the
MHL provides that the commissioner of the Office of Alcoholism and Substance
Abuse Services may, once a controlled substance is approved by the commissioner
of health as appropriate for such use, authorize the use of such controlled
substance in treating a chemically dependent individual.
(d) Pursuant to section 365-l (7) of the Social Services Law and Part L of Chapter 56 of the Laws of 2012, the commissioners of the Office of Mental Health, Office of Alcoholism and Substance Abuse Services and Department of Health are jointly authorized to establish operating, reporting and construction requirements, as well as joint survey requirements and procedures for entities operating under the auspices of one or more such agencies in order to integrate the delivery of health and behavioral health services in an efficient and effective manner.
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