New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 583 - Residential Treatment Facilities For Children And Youth; Eligibility
Section 583.2 - Legal base

(a) Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under their jurisdiction and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the retention of services for the mentally ill pursuant to an operating certificate.

(b) Section 9.51 of the Mental Hygiene Law provides that the Office of Mental Health will establish standards and priorities for residential treatment facilities for children and youth admissions and will evaluate medical necessity for applicants or recipients of medical assistance pursuant to title eleven of article five of the social services law applying to access residential treatment facility services.

(c) Section 31.26(c) of the Mental Hygiene Law provides for the commissioner to authorize the operation of residential treatment facilities for children and youth. The statute also provides that the commissioner shall have the power to adopt rules and regulations governing the establishment and operation of residential treatment facilities for children and youth.