N.Y. Mental Hygiene Law § 16.01: Evaluation of services for persons with developmental disabilities

§ 16.01 Evaluation of services for persons with developmental

disabilities.

(a) The commissioner shall ensure that all services provided under

this chapter for persons with developmental disabilities are

periodically evaluated.

(b) The commissioner shall, by regulations, establish and maintain

evaluation criteria and methods which assure the utility of data

generated in the evaluation of services in different areas of the state

provided under this chapter for persons with developmental disabilities,

including, but not limited to:

(1) Uniform definitions of services to persons with developmental

disabilities;

(2) Uniform standards for all comparable services and programs;

(3) Uniform financial reporting procedures for comparable providers;

(4) Uniform clinical reporting procedures; and

(5) Requirements for the generation and maintenance of uniform data

for all individuals receiving services from any provider of services.

(c) (1) Notwithstanding any other provision of law, the commissioner,

or his designee, may require from any hospital, as defined under article

twenty-eight of the public health law, any information, report, or

record necessary for the purpose of carrying out the functions, powers

and duties of the commissioner related to the investigation of deaths

and complaints of abuse, mistreatment, or neglect concerning persons

with developmental disabilities who receive services, or had prior to

death received services, in a facility as defined in section 1.03 of

this chapter, or are receiving medicaid waiver services from the office

for people with developmental disabilities in a non-certified setting,

and have been treated at such hospitals.

(2) Any information, report, or record requested by the commissioner

or his designee pursuant to this subdivision shall be limited to that

information that the commissioner determines necessary for the

completion of this investigation.

(3) The information, report or record received by the commissioner or

his designee pursuant to this subdivision shall be subject to section

two thousand eight hundred five-m, section eighteen, as added by chapter

four hundred ninety-seven of the laws of nineteen hundred eighty-six,

and article twenty-seven-F of the public health law, section 33.13 of

this chapter, and any applicable federal statute or regulation.