Section 19.21. Programs, services, and operation of facilities certified or licensed by the office of alcoholism and substance abuse services; temporary emergency operating certificates and licenses

(a) The office shall inspect and approve or disapprove the  facilities
  of  and  the  services  provided by alcoholism programs, substance abuse
  programs, and chemical dependence programs, and any program or  facility
  purporting to provide such services.
    (b)  The office shall redefine and develop, establish, promulgate, and
  enforce certification, inspection, licensing,  and  treatment  standards
  for  chemical dependence facilities and staff, which shall be applied in
  addition to any other standards for any other services provided by  such
  facilities,  and  which shall be applicable to any facility providing or
  purporting to provide as part or all  of  a  program  of  services,  any
  services  for  the  alleviation of the conditions of alcoholism, alcohol
  abuse,  substance  abuse,  substance  dependence,  chemical  abuse,   or
  chemical  dependence.    Where appropriate, such standards shall provide
  for priority of admission for persons whose children have been placed in
  foster care or are in jeopardy of being so placed  pursuant  to  article
  ten of the family court act or article six of the social services law.
    (c)  The office shall have the authority to assist, through counseling
  or  referral,  and  cause  assistance  to  be  provided  to,  recovering
  alcoholic  persons;  or  former  alcohol  abusers, substance abusers, or
  substance  dependent  persons;  or  other  persons  who  have   received
  alcoholism,  substance  abuse,  or  chemical  dependence  services, with
  respect to any right or privilege impaired, suspended, or forfeited as a
  result of alcoholism; or past substance abuse, substance dependence,  or
  chemical  dependence;  or  the receipt of such services, in securing the
  benefits of any  non-discrimination  laws  or  policies  regarding  such
  persons enacted or adopted by federal, state or local governments.
    (d)  The  office  shall establish reasonable performance standards for
  all providers of alcoholism, substance abuse,  and  chemical  dependence
  services which are certified by such office pursuant to this title.
    (1) Such standards shall:
    (i)  take  into  consideration  program  resources  and the functional
  severity of patients served; and
    (ii) be clearly defined and developed in consultation  with  certified
  providers  of  alcoholism,  substance  abuse,  and  chemical  dependence
  services.
    (2)  The  office  shall  promulgate  regulations  to   implement   the
  provisions of this subdivision which:
    (i)  establish  criteria  to  assess  alcoholism, substance abuse, and
  chemical dependence  treatment  effectiveness  in  accordance  with  the
  standards  developed  pursuant  to  this  subdivision, including but not
  limited to criteria regarding client retention, completion  of  program,
  and outcome results; and
    (ii)  establish  a  procedure  to  be  implemented  by such office for
  reviewing and evaluating performance of certified providers  of  service
  in a consistent and objective manner.