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 ยง 690.2
Current through Register Vol. 46, No. 39, September 25, 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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