§ 31.01 Evaluation of services for the mentally disabled.\n (a) The commissioner shall ensure that all services for the mentally\ndisabled, whether provided by the department, by a local governmental\nunit or by a provider of services, are periodically evaluated and that\ndepartmental budget requests reflect such evaluations.\n (b) In order to ensure that such evaluations and the resulting reports\nand data generated are comparable for all services to the mentally\ndisabled throughout the state, the commissioner shall promulgate rules\nand regulations requiring the development of evaluation criteria and\nmethods which shall include, but not be limited to:\n (1) uniform definitions of services for the mentally disabled;\n (2) uniform financial and clinical reporting procedures;\n (3) requirements for the generation and maintenance of uniform data\nfor all individuals receiving services from any provider of services;\n (4) uniform criteria for evaluating categories of need; and\n (5) uniform standards for all comparable services and programs.\n (c) A timetable for development and implementation of evaluation\ncriteria and methods shall be included in such rules and regulations to\nensure the orderly and adequate compliance by the department and its\nfacilities, local governmental units and providers of services. Such\ntimetable shall also include specific dates by which such evaluation\ncriteria and methods, and the evaluation reports and data developed with\nsuch criteria and methods shall be included in the budget request\nsubmitted to the department by the department facilities, local\ngovernmental units and providers of services.\n (d) (1) Notwithstanding any other provision of law, the commissioner,\nor his designee, may require from any hospital, as defined under article\ntwenty-eight of the public health law, any information, report, or\nrecord necessary for the purpose of carrying out the functions, powers\nand duties of the commissioner related to the investigation of deaths\nand complaints of abuse, mistreatment, or neglect concerning mentally\ndisabled individuals who receive services, or had prior to death\nreceived services, in a facility as defined in section 1.03 of this\nchapter, and have been treated at such hospitals.\n (2) Any information, report, or record requested by the commissioner\nor his designee pursuant to this subdivision shall be limited to that\ninformation that the commissioner determines necessary for the\ncompletion of his investigation.\n (3) The information, report or record received by the commissioner or\nhis designee pursuant to this subdivision shall be subject to section\ntwo thousand eight hundred five-m, section eighteen, as added by chapter\nfour hundred ninety-seven of the laws of nineteen hundred eighty-six and\narticle twenty-seven-F of the public health law, section 33.13 of this\nchapter, and any applicable federal statute or regulation.\n
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