New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 587 - OPERATION OF OUTPATIENT PROGRAMS
Section 587.2 - 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 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 adults diagnosed with mental illness or children diagnosed with emotional disturbance, pursuant to an operating certificate.

(b) Section 31.02 of the Mental Hygiene Law prohibits the operation of nonresidential or outpatient programs providing services for the mentally disabled unless an operating certificate has been obtained from the commissioner.

(c) The Mental Hygiene Law, in sections 31.07, 31.09, 31.13 and 31.19, further authorizes the commissioner or his or her representatives to examine and inspect such programs to determine their suitability and proper operation. Section 31.16 authorizes the commissioner to suspend, revoke or limit any operating certificate.

(d) Section 31.11 of the Mental Hygiene Law 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 in any inspection or investigation, permitting the commissioner to inspect its facility, books and records, including recipients' records, and making such reports, uniform and otherwise, as are required by the commissioner.

(e) Section 31.06 of the Mental Hygiene Law requires every holder of an operating certificate to develop policies and training programs in regard to reporting child abuse or neglect.

(f) Section 43.02 (b) of the Mental Hygiene Law gives the commissioner authority to request from operators of facilities licensed by the Office of Mental Health such financial, statistical and program information as the commissioner may determine to be necessary.

(g) [Reserved]

(h) Article 33 of the Mental Hygiene Law establishes basic rights of persons diagnosed with mental illness.

(i) Section 364-j of the Social Services Law requires the establishment of managed care programs throughout the State and provides for the provision of special care services to enrollees in Medicaid managed care programs who require such services.

(j) Section 365-m of the Social Services Law authorizes the Commissioner of the Office of Mental Health and the Commissioner of the Office of Alcoholism and Substance Abuse Services, in consultation with the Department of Health, to contract with regional behavioral health organizations to provide administrative and management services for the provision of behavioral health services.