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New York Mental Hygiene - Article 31 - (31.01 - 31.37) Regulation and Quality Control of Services for the Mentally Disabled

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  • New York Mental Hygiene - Article 31 - Regulation and Quality Control of Services for the Mentally Disabled
    Section 31.01 Evaluation of services for the mentally disabled. 31.02 Operating certificate required. 31.03 Operating certificates for family care homes. 31.04 Regulatory powers of the...
  • New York Mental Hygiene - § 31.01 - Evaluation of Services for the Mentally Disabled
    (a) The commissioner shall ensure that all services for the mentally disabled, whether provided by the department, by a local governmental unit or by a...
  • New York Mental Hygiene - § 31.02 - Operating Certificate Required
    (a) Except as provided in subdivision (b) of this section no provider of services shall engage in any of the following activities without an operating...
  • New York Mental Hygiene - § 31.03 - Operating Certificates for Family Care Homes
    shall be issued only to natural persons, and corporations for profit shall not be formed under the business corporation law for any such purpose. (2)...
  • New York Mental Hygiene - § 31.04 - Regulatory Powers of the Commissioner
    (a) The commissioner shall have the power to adopt regulations to effectuate the provisions and purposes of this article, including, but not limited to, the...
  • New York Mental Hygiene - § 31.05 - Issuance of an Operating Certificate
    (a) No operating certificate shall be issued by the commissioner unless the commissioner finds: 1. that the premises, equipment, personnel, records, and program are adequate...
  • New York Mental Hygiene - § 31.06 - Child Abuse Prevention
    All facilities described in subdivision (a) of section 31.02 of this article, shall, pursuant to regulations of the commissioner: (i) develop, maintain and disseminate written...
  • New York Mental Hygiene - § 31.07 - Investigations and Inspections
    The commissioner shall have the power to conduct investigations into the operations of providers of services which are required by this article to have operating...
  • New York Mental Hygiene - § 31.08 - Compliance With Operational Standards by Hospitals
    (a) Notwithstanding the provisions of section 31.07 of this article, with respect to a hospital as defined in section 1.03 of this chapter, which is...
  • New York Mental Hygiene - § 31.09 - Powers of the Department Regarding Investigation and Inspection
    (a) In conducting an investigation or inspection, the commissioner or his authorized representative shall have the power to inspect facilities, examine records, conduct examinations and...
  • New York Mental Hygiene - § 31.11 - Certain Duties of Providers of Services
    It shall be the duty of every holder of an operating certificate, or program funded or administered by the office of mental health to assist...
  • New York Mental Hygiene - § 31.13 - Powers of Subpoena and Examination
    In conducting any investigation, inspection, or hearing under this chapter, the commissioner and his authorized representative are empowered to subpoena witnesses, compel their attendance, administer...
  • New York Mental Hygiene - § 31.16 - Suspension, Revocation, or Limitation of an Operating Certificate and Imposition of Fines by the Commissioner of Mental Health
    (a) The commissioner of mental health may revoke, suspend, or limit an operating certificate or impose the penalties described in subparagraph (i), (ii) or (iii)...
  • New York Mental Hygiene - § 31.17 - Formal Hearings; Procedure
    (a) When a hearing must be afforded pursuant to this chapter, the hearing shall be held without undue delay and all parties shall be given...
  • New York Mental Hygiene - § 31.19 - Confinement, Care, and Treatment of the Mentally Disabled
    (a) No individual who is or appears to be mentally disabled shall be detained, deprived of his liberty, or otherwise confined without lawful authority, or...
  • New York Mental Hygiene - § 31.21 - Injunction and Temporary Restraining Order
    (a) The supreme court may enjoin violations or threatened violations of any provision of this article or violations of the regulations of the department established...
  • New York Mental Hygiene - § 31.22 - Approval of Certain Certificates of Incorporation or Articles of Organization; Granting of Operating Certificates
    (a) No certificate of incorporation of a business or not-for-profit corporation, or articles of organization of a limited liability company, shall hereafter be filed which...
  • New York Mental Hygiene - § 31.23 - Approval of New Construction
    (a) As used or referred to in this section, unless a different meaning clearly appears from the context: "Facility" is limited to a facility in...
  • New York Mental Hygiene - § 31.25 - Residential Services for Treatment of Eating Disorders
    The commissioner shall establish, pursuant to regulation, licensed residential providers of treatment and/or supportive services to children, adolescents, and adults with eating disorders, as that...
  • New York Mental Hygiene - § 31.26 - Residential Treatment Facilities for Children and Youth
    report the cost of operating such facilities. (f) The office of mental health shall, in accordance with the provisions of section four thousand four of...
  • New York Mental Hygiene - § 31.27 - Comprehensive Psychiatric Emergency Programs
    otherwise approved under the provisions of this section, including technical assistance to promote and facilitate the establishment of such programs in rural areas in the...
  • New York Mental Hygiene - § 31.28 - Facilities; Receivership
    (a) The owner or owners of any facility may at any time request the office to take over the operation of such facility by the...
  • New York Mental Hygiene - § 31.29 - Monthly Personal Allowances
    (a) Each resident of a residential care center for adults shall be entitled to retain out of his or her income, including supplemental security income...
  • New York Mental Hygiene - § 31.30 - Abuse, Neglect, and Significant Incidents Involving Vulnerable Persons
    (a) The commissioner in consultation with the executive director of the justice center for the protection of people with special needs, shall promulgate regulations establishing...
  • New York Mental Hygiene - § 31.31 - Improper Expenditure of Moneys
    (a) No provider of services licensed pursuant to this article shall make any charitable contribution of state moneys, medical assistance payments or social security or...
  • New York Mental Hygiene - § 31.33 - Mental Health Special Needs Plans
    The commissioner, jointly with the commissioner of health, shall be authorized to issue a certificate of authority to operate a mental health special needs plan,...
  • New York Mental Hygiene - § 31.35 - Review of Criminal History Information Concerning Certain Prospective Employees
    (a) Every provider of services who contracts with or is approved or otherwise authorized by the office of mental health to provide services, except (1)...
  • New York Mental Hygiene - § 31.37 - Mental Health Incident Review Panels
    and members of the review panels shall have immunity from civil and criminal liability for all reasonable and good faith actions taken pursuant to this...