N.Y. Comp. Codes R. & Regs. tit. 14 § 600.2

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

Section 600.2 - Legal Base

(a) Section 31.36 of the Mental Hygiene Law provides the Commissioner of Mental Health (OMH) with the authority to coordinate with the Office of Addiction Services and Supports (OASAS) to create and operate Crisis Stabilization Centers within New York State and promulgate joint regulations for the operation of such centers.

(b) Section 32.36 of the Mental Hygiene Law provides the Commissioner of OASAS with the authority to coordinate with the OMH to create and operate Crisis Stabilization Centers within New York State and promulgate joint regulations for the operation of such centers.

(c) Section 36.01 of the Mental Hygiene Law grants the Commissioners of OMH and OASAS the authority to jointly license Crisis Stabilization Centers.

(d) Sections 31.05, 31.07, 31.09, 31.13, 31.19 and 31.27 of the Mental Hygiene Law, further authorize the Commissioner of Mental Health or their representative, to examine and inspect such Centers to determine their suitability and proper operation.

(e) Sections 31.16 and 31.17 of the Mental Hygiene Law authorize the Commissioner of Mental Health to suspend, revoke or limit any operating certificate.

(f) Sections 9.41, 9.43, 9.45 and 9.58 of the Mental Hygiene Law provide authority to assess and transport individuals to such Crisis Stabilization Centers.

(g) Section 33.21 of the Mental Hygiene Law authorizes the voluntary treatment of minors.

(h) Section 22.09 of the Mental Hygiene Law authorizes the Commissioner of OASAS to designate appropriate facilities as providers of emergency services for Recipients intoxicated, impaired or incapacitated including the voluntary retention of such Recipient.

(i) Section 32.07 of the Mental Hygiene Law grants the Commissioner of OASAS the authority to regulate the standards of quality and adequacy, physical plant and ongoing compliance for providers of substance use disorder services.

(j) Section 32.09 of the Mental Hygiene Law grants the Commissioner of OASAS the authority to regulate the issuance, temporary approval of and/or revocation of, operating certificates for substance use disorder programs.

(k) Section 22.11 of the Mental Hygiene Law authorizes treatment for minors for substance use disorder without consent from a parent or guardian.

(l) Parts 800-857 of Title 14 of the New York Codes, Rules and Regulations (NYCRR) outline provisions for the operation, administration and responsibilities for substance use disorder treatment programs.

(m) Parts 500-599 of Title 14 of the NYCRR outlining provisions for the operation administration and responsibilities for mental health services.

(n) Section 405.2 of Title 10 of the NYCRR provides additional regulatory requirements for the Governing Body of hospital-based programs.

(o) Sections 424-a and 495 of the Social Services Law relates to the register of category one substantiated cases of abuse and neglect referenced herein for purposes of criminal history reviews.

(p) Parts 160 and 164 of Title 45 of the Code of Federal Rules (CFR) relates to the Health Insurance Portability and Accountability Act (HIPAA) rules regarding confidentiality of health records.

(q) Part 2 of Title 45 of the CFR relates to the confidentiality of substance use treatment records.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 600.2

Adopted New York State Register June 29, 2022/Volume XLIV, Issue 26, eff. 6/13/2022