§ 43.12 Electronic submission of periodic cost reports to the office for\n people with developmental disabilities.\n Notwithstanding any provision of law, rule or regulation to the\ncontrary, every operator of a facility which is licensed by the office\nfor people with developmental disabilities (hereinafter "office") and\nevery provider of services which is subject to the regulation or control\nof the office shall submit electronically, via the internet, any annual\ncost report which is required to be submitted to the office pursuant to\nthe provisions of section 43.02 of this article and any rules and\nregulations promulgated thereunder and any other required periodic cost\nreport or accounting which may be prescribed by the commissioner of\ndevelopmental disabilities as subject to such electronic submission. The\noffice shall publish and make available at all times on its website\ninstructions for the submission of such reports or accountings via the\ninternet, including instructions relating to the use of an electronic\nsignature as may be required by the commissioner of developmental\ndisabilities which signature shall be subject to, and submitted in\naccordance with, the provisions of the state technology law and any\nrules and regulations promulgated thereunder. Any operator or provider\nof services that is unable to submit such cost report or accounting in\naccordance with this section may apply for a waiver of such required\nsubmission from the commissioner of developmental disabilities. The\ncommissioner of developmental disabilities may grant a waiver for any\ngiven submission to such operator or provider of services for good cause\nshown and may grant a general waiver to all operators or providers of\nservices with respect to any required submission. On and after the\neffective date of this section, any contract entered into between the\noffice and a provider of services which involves the provision of\nservices to persons with developmental disabilities and which contains\nprovisions that require the submission of any periodic report or\naccounting may also contain provisions that require the submission of\nany periodic cost report or accounting required under such contract to\nbe submitted electronically as set forth in this section.\n
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