New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 690 - Day Treatment Services to Persons with Developmental Disabilities
Section 690.2 - Legal base
Universal Citation: 14 NY Comp Codes Rules and Regs § 690.2
Current through Register Vol. 46, No. 52, December 24, 2024
(a) The following sections of the Mental Hygiene Law authorize the commissioner to establish a separate class of operating certificate for day treatment facilities (see glossary) and to establish the standards governing such facilities:
(1) Sections
13.01 and
13.07 of
the Mental Hygiene Law authorize OPWDD to pursue expansion of services and
develop new methods of service delivery to serve the full range of needs of
persons with developmental disabilities. Further, consistent with chapter 676
of the Laws of 1994, such methods of service delivery shall have as primary
purposes, the attainment and promotion of independence, inclusion,
individuality and productivity for persons with developmental
disabilities.
(2) Section
13.09 of
the Mental Hygiene Law grants the commissioner the power to adopt rules and
regulations which are necessary and proper to implement any matter under his or
her jurisdiction.
(3) Section 16.02
of the Mental Hygiene Law prohibits the operation of nonresidential facilities
providing services for persons with developmental disabilities, unless an
operating certificate has been obtained from the commissioner.
(4) Sections
16.03 and
16.05 of
the Mental Hygiene Law provide that no operating certificate shall be issued by
the commissioner unless the premises, equipment, personnel, and program are
found to be adequate to provide the services for which an operating certificate
is sought; and that such services will be provided in compliance with
applicable laws and regulations.
(5) Sections
16.11 and
16.19 of
the Mental Hygiene Law authorize the commissioner or an authorized
representative to conduct investigations and inspections and permit review of
the facility and all its books and records, to interview personnel, and obtain
such other information as may be required in order to carry out the
responsibilities of article 16 of the Mental Hygiene Law.
(6) Section
16.13 of
the Mental Hygiene Law requires holders of operating certificates issued by the
commissioner to assist OPWDD in carrying out its regulatory
functions.
(7) Section
16.17 of
the Mental Hygiene Law authorizes the commissioner to revoke, suspend, or limit
an operating certificate upon a finding that the certificate holder has failed
to comply with the terms of the operating certificate or with the provisions of
any applicable statue, rule or regulation.
(b) Sections 364 and 364 (a) of the Social Services Law provide that OPWDD is responsible for establishing and maintaining standards for medical care and services in facilities under its jurisdiction in accordance with cooperative arrangements with the Department of Social Services and other State agencies.
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