N.Y. Mental Hygiene Law § 31.02: Operating certificate required

§ 31.02 Operating certificate required.

(a) * Except as provided in subdivision (b) of this section no

provider of services shall engage in any of the following activities

without an operating certificate issued by the commissioner pursuant to

this article:

* NB Effective until the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

* Except as provided in subdivisions (b) and (f) of this section no

provider of services shall engage in any of the following activities

without an operating certificate issued by the commissioner pursuant to

this article:

* NB Effective on the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

1. operation of a residential facility or institution, including a

community residence, for the care, custody, or treatment of the mentally

disabled; provided, however, that giving domestic care and comfort to a

person in the home shall not constitute such an operation.

2. operation of any part of a general hospital for the purpose of

providing residential or non-residential services for the mentally

disabled.

3. operation of a facility established or maintained by a public

agency, board, or commission, or by a corporation for the rendition of

out-patient or non-residential services for the mentally disabled;

provided, however, that such operation shall not be deemed to include

(i) professional practice, within the scope of a professional license or

certificate issued by an agency of the state, by an individual

practitioner or by a partnership of such individuals or by a

professional service corporation duly incorporated pursuant to the

business corporation law or by a university faculty practice corporation

duly incorporated pursuant to the not-for-profit corporation law or (ii)

non-residential services which are licensed, supervised, or operated by

another agency of the state and nonresidential services which are

chartered or issued a certificate of incorporation pursuant to the

education law or (iii) pastoral counseling by a clergyman or minister,

including those defined as clergyman or minister by section two of the

religious corporations law.

4. operation of a residential treatment facility for children and

youth.

5. operation of a residential care center for adults.

* 6. operation of a comprehensive psychiatric emergency program.

* NB Repealed July 1, 2027

(b) A provider of services operating a community residence on April

first, nineteen hundred seventy-six, shall be issued an operating

certificate by the commissioner without requiring proof that there is a

public need for such residence, providing application for such operating

certificate to the department in accordance with this article is

submitted prior to September first, nineteen hundred seventy-six.

Pending the determination of any such application the continuance of

such operation shall be lawful. An application pursuant to this section

shall be deemed filed with the department upon being mailed to the

department by registered or certified mail.

(c) The operation of a facility for which an operating certificate is

required shall be in accordance with the terms of the operating

certificate and the regulations of the commissioner.

(d) Any provider of services who knowingly fails to comply with the

provisions of this section or of section 31.03 of this article shall be

guilty of a misdemeanor.

(e) If the commissioner has reason to believe that there is a provider

of services for the mentally disabled who does not possess a required

current valid operating certificate, he or she shall proceed pursuant to

applicable sections of this chapter including but not limited to

sections 31.07, 31.09, 31.11, 31.13 and 31.21 of this article.

* (f) No provision of this article or any other provision of law shall

be construed to require a provider licensed pursuant to article

twenty-eight of the public health law or certified pursuant to article

sixteen or article thirty-two of this chapter to obtain an operating

certificate from the office of mental health if such provider has been

authorized to provide integrated services in accordance with regulations

issued by the commissioner of the office of mental health in

consultation with the commissioner of the department of health, the

commissioner of the office of alcoholism and substance abuse services

and the commissioner of the office for people with developmental

disabilities, including regulations issued pursuant to subdivision seven

of section three hundred sixty-five-l of the social services law or part

L of chapter fifty-six of the laws of two thousand twelve.

* NB Effective until the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

* (f) No provision of this article or any other provision of law shall

be construed to: (i) require a provider licensed pursuant to article

twenty-eight of the public health law or certified pursuant to article

sixteen or article thirty-two of this chapter to obtain an operating

certificate from the office of mental health if such provider has been

authorized to provide integrated services in accordance with regulations

issued by the commissioner of the office of mental health in

consultation with the commissioner of the department of health, the

commissioner of the office of addiction services and supports and the

commissioner of the office for people with developmental disabilities,

including regulations issued pursuant to subdivision seven of section

three hundred sixty-five-l of the social services law or part L of

chapter fifty-six of the laws of two thousand twelve; or (ii) require a

provider licensed under section 36.08 of this title to obtain a license

from the office of mental health. Furthermore, no provision of this

article or any other provision of law shall be construed to limit the

volume of mental health services by a program licensed to provide

integrated behavioral health services, as defined in section 36.08 of

this title.

* NB Effective on the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8