New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 595 - Operation Of Residential Programs For Adults
Section 595.2 - 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 persons with mental illness pursuant to an operating certificate.

(b) Sections 31.05, 31.07, 31.09, 31.13 and 31.19 of the Mental Hygiene Law authorize the commissioner or his or her representative to examine and inspect programs to determine their suitability and proper operation. Sections 31.16 and 31.17 of the Mental Hygiene Law authorize the commissioner to suspend, revoke or limit any operating certificate.

(c) 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 and making such reports, uniform or otherwise as are required by the commissioner.

(d) Section 31.25 of the Mental Hygiene Law requires that the commissioner establish, pursuant to regulation, licensed residential providers of treatment and/or supportive services to individuals with eating disorders.