Section 43.02. Rates or methods of payment for services at facilities subject to licensure or certification by the office of mental health, the office of mental retardation and developmental disabilities or the office of alcoholism and substance abuse services  


Latest version.
  • (a) Notwithstanding any inconsistent provision of law, payment made by
      government agencies pursuant to title eleven  of  article  five  of  the
      social  services  law  for services provided by any facility licensed by
      the office of mental health  pursuant  to  article  thirty-one  of  this
      chapter  or licensed or operated by the office of mental retardation and
      developmental disabilities pursuant to article sixteen of  this  chapter
      or  certified  by  the office of alcoholism and substance abuse services
      pursuant to  this  chapter  to  provide  inpatient  chemical  dependence
      services,  as defined in section 1.03 of this chapter, shall be at rates
      or fees certified by the  commissioner  of  the  respective  office  and
      approved  by  the  director  of  the  division  of the budget, provided,
      however, the commissioner of mental health shall annually  certify  such
      rates  or  fees  which  may  vary for distinct geographical areas of the
      state and, provided,  further,  that  rates  or  fees  for  service  for
      inpatient   psychiatric   services   or  inpatient  chemical  dependence
      services,  at  hospitals  otherwise   licensed   pursuant   to   article
      twenty-eight of the public health law shall be established in accordance
      with section two thousand eight hundred seven of the public health law.
        (b)  Operators  of  facilities licensed by the office of mental health
      pursuant to article thirty-one of this chapter, licensed by  the  office
      of mental retardation and developmental disabilities pursuant to article
      sixteen  of  this  chapter  or certified by the office of alcoholism and
      substance abuse services pursuant to this chapter to  provide  inpatient
      chemical  dependence  services  shall provide to the commissioner of the
      respective office such financial, statistical and program information as
      the commissioner may determine to be necessary. The commissioner of  the
      appropriate  office  shall  have  the power to conduct on-site audits of
      books and records of such facilities.
        (c) The commissioner of the office of mental health, the  commissioner
      of  the  office of mental retardation and developmental disabilities and
      the commissioner  of  the  office  of  alcoholism  and  substance  abuse
      services  shall adopt rules and regulations to effectuate the provisions
      of this section. Such rules and regulations shall include,  but  not  be
      limited to, provisions relating to:
        (i)  the  establishment  of  a uniform statewide system of reports and
      audits relating to the quality of care  provided,  facility  utilization
      and  costs  of  providing  services; such a uniform statewide system may
      provide for appropriate variation in the application of  the  system  to
      different  classes or subclasses of facilities licensed by the office of
      mental health pursuant to article thirty-one of this chapter or licensed
      or operated by  the  office  of  mental  retardation  and  developmental
      disabilities  pursuant  to article sixteen of this chapter, or certified
      by the office of alcoholism and substance  abuse  services  pursuant  to
      this chapter to provide inpatient chemical dependence services; and
        (ii) methodologies used in the establishment of the schedules of rates
      or fees pursuant to this section.