N.Y. Comp. Codes R. & Regs. tit. 14 § 582.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 582.2 - Legal base

(a) Section 31.02 of the Mental Hygiene Law prohibits any individual, association, corporation, or public or private agency from operating a residential facility, hospital or institution for the examination, diagnosis, care, treatment, rehabilitation or training of persons with mental disabilities, including mental illness, unless a operating certificate has been obtained from the commissioner. Sections 31.07, 31.09, 31.13 and 31.19 further authorize the commissioner or his or her representatives to examine and inspect such facilities to determine their suitability and proper operation. Sections 31.16 and 31.17 authorize the commissioner to suspend, revoke or limit any operating certificate.

(b) Section 31.04 of the Mental Hygiene Law empowers the commissioner to adopt regulations deemed necessary to carry out the provisions of article 31 of the Mental Hygiene Law, including establishing procedures for the issuance, amendment and renewal of operating certificates.

(c) Section 31.35 of the Mental Hygiene Law provides that each provider of mental health services subject to its requirements must request, through the Office of Mental Health, a criminal history background check for each prospective operator, employee, or volunteer of such provider of services.

(d) Section 29.15 of the Mental Hygiene Law establishes requirements for the discharge or conditional release of patients from hospitals operated by the Office of Mental Health or from psychiatric inpatient services subject to licensure by such office.

(e) 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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 582.2