§ 43.02 Rates or methods of payment for services at facilities subject\n to licensure or certification by the office of mental health,\n the office for people with developmental disabilities or the\n office of alcoholism and substance abuse services.\n (a) Notwithstanding any inconsistent provision of law, payment made by\ngovernment agencies pursuant to title eleven of article five of the\nsocial services law for services provided by any facility licensed by\nthe office of mental health pursuant to article thirty-one of this\nchapter or certified by the office of alcoholism and substance abuse\nservices pursuant to this chapter to provide inpatient chemical\ndependence services, as defined in section 1.03 of this chapter, shall\nbe at rates or fees certified by the commissioner of the respective\noffice and approved by the director of the division of the budget,\nprovided, however, the commissioner of mental health shall annually\ncertify such rates or fees which may vary for distinct geographical\nareas of the state and, provided, further, that rates or fees for\nservice for inpatient psychiatric services or inpatient chemical\ndependence services, at hospitals otherwise licensed pursuant to article\ntwenty-eight of the public health law shall be established in accordance\nwith section two thousand eight hundred seven of the public health law\nand, provided, further, that rates or fees for services provided by any\nfacility or program licensed, operated or approved by the office for\npeople with developmental disabilities, shall be certified by the\ncommissioner of health; provided, however, that such methodologies shall\nbe subject to approval by the office for people with developmental\ndisabilities and shall take into account the policies and goals of such\noffice.\n (b) Operators of facilities licensed by the office of mental health\npursuant to article thirty-one of this chapter, licensed by the office\nfor people with developmental disabilities pursuant to article sixteen\nof this chapter or certified by the office of alcoholism and substance\nabuse services pursuant to this chapter to provide inpatient chemical\ndependence services shall provide to the commissioner of the respective\noffice such financial, statistical and program information as the\ncommissioner may determine to be necessary. The commissioner of the\nappropriate office shall have the power to conduct on-site audits of\nbooks and records of such facilities.\n (c) The commissioner of the office of mental health, the commissioner\nof the office for people with developmental disabilities and the\ncommissioner of the office of alcoholism and substance abuse services\nshall adopt rules and regulations to effectuate the provisions of this\nsection. Such rules and regulations shall include, but not be limited\nto, provisions relating to:\n (i) the establishment of a uniform statewide system of reports and\naudits relating to the quality of care provided, facility utilization\nand costs of providing services; such a uniform statewide system may\nprovide for appropriate variation in the application of the system to\ndifferent classes or subclasses of facilities licensed by the office of\nmental health pursuant to article thirty-one of this chapter or licensed\nor operated by the office for people with developmental disabilities\npursuant to article sixteen of this chapter, or certified by the office\nof alcoholism and substance abuse services pursuant to this chapter to\nprovide inpatient chemical dependence services; and\n (ii) methodologies used in the establishment of the schedules of rates\nor fees pursuant to this section provided, however, that the\ncommissioner of health shall adopt rules and regulations including\nmethodologies developed by him or her for services provided by any\nfacility or program licensed, operated or approved by the office for\npeople with developmental disabilities; provided, however, that such\n
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