New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units
Section 552.2 - Legal base

(a) Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of Mental Health the powers and responsibility to adopt regulations which are necessary to implement matters under his or her jurisdiction and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for individuals with a diagnosis of mental illness pursuant to an operating certificate.

(b) Section 31.07 of the Mental Hygiene Law grants the commissioner the power to conduct investigations into the operation of providers and to make inspections and examine records, including, but not limited to medical, service and financial records of facilities.

(c) Section 31.09 (a) of the Mental Hygiene Law grants the commissioner certain powers, including the power to inspect facilities and examine the records thereof.

(d) Section 31.11 of the Mental Hygiene Law establishes the duty of every holder of an operating certificate to assist the Commissioner of Mental Health by complying with the Mental Hygiene Law and other applicable laws and the regulations of the commissioner, and by cooperating with the commissioner in any investigation or inspection and permitting the commissioner or an authorized representative to inspect its facility and all books and records.

(e) Section 43.02 (a) and (b) of the Mental Hygiene Law grant the commissioner the power to set rates for facilities licensed under article 31 of the Mental Hygiene Law and to require that such facilities submit such financial, statistical and program information as the commissioner may determine necessary. Section 43.02(c) authorizes the commissioner to adopt regulations establishing a uniform system of reports and audits relating to quality of care, utilization and cost of services.

(f) Sections 364 (3) and 364-a (1) of the Social Services Law establish the Office of Mental Health's responsibility for establishing and maintaining standards for care and services provided to persons eligible for Medicaid reimbursement in facilities under its jurisdiction in accordance with cooperative arrangements with the Department of Health.