N.Y. Mental Hygiene Law § 19.21: Programs, services, and operation of facilities certified or licensed by the office of alcoholism and substance abuse services; temporary...

§ 19.21 Programs, services, and operation of facilities certified or

licensed by the office of alcoholism and substance abuse

services; temporary emergency operating certificates and

licenses.

(a) The office shall inspect and approve or disapprove the facilities

of and the services provided by alcoholism programs, substance abuse

programs, and chemical dependence programs, and any program or facility

purporting to provide such services.

(b) The office shall redefine and develop, establish, promulgate, and

enforce certification, inspection, licensing, and treatment standards

for chemical dependence facilities and staff, which shall be applied in

addition to any other standards for any other services provided by such

facilities, and which shall be applicable to any facility providing or

purporting to provide as part or all of a program of services, any

services for the alleviation of the conditions of alcoholism, alcohol

abuse, substance abuse, substance dependence, chemical abuse, or

chemical dependence. Where appropriate, such standards shall provide

for priority of admission for persons whose children have been placed in

foster care or are in jeopardy of being so placed pursuant to article

ten of the family court act or article six of the social services law.

(c) The office shall have the authority to assist, through counseling

or referral, and cause assistance to be provided to, recovering

alcoholic persons; or former alcohol abusers, substance abusers, or

substance dependent persons; or other persons who have received

alcoholism, substance abuse, or chemical dependence services, with

respect to any right or privilege impaired, suspended, or forfeited as a

result of alcoholism; or past substance abuse, substance dependence, or

chemical dependence; or the receipt of such services, in securing the

benefits of any non-discrimination laws or policies regarding such

persons enacted or adopted by federal, state or local governments.

(d) The office shall establish reasonable performance standards for

all providers of alcoholism, substance abuse, and chemical dependence

services which are certified by such office pursuant to this title.

(1) Such standards shall:

(i) take into consideration program resources and the functional

severity of patients served; and

(ii) be clearly defined and developed in consultation with certified

providers of alcoholism, substance abuse, and chemical dependence

services.

(2) The office shall promulgate regulations to implement the

provisions of this subdivision which:

(i) establish criteria to assess alcoholism, substance abuse, and

chemical dependence treatment effectiveness in accordance with the

standards developed pursuant to this subdivision, including but not

limited to criteria regarding client retention, completion of program,

and outcome results; and

(ii) establish a procedure to be implemented by such office for

reviewing and evaluating performance of certified providers of service

in a consistent and objective manner.