N.Y. Mental Hygiene Law § 43.02: Rates or methods of payment for services at facilities subject to licensure or certification by the office of mental health, the office f...

§ 43.02 Rates or methods of payment for services at facilities subject

to licensure or certification by the office of mental health,

the office for people with developmental disabilities or the

office of alcoholism and substance abuse services.

* (a) Notwithstanding any inconsistent provision of law, payment made

by government agencies pursuant to title eleven of article five of the

social services law for services provided by any facility licensed by

the office of mental health pursuant to article thirty-one of this

chapter or certified by the office of alcoholism and substance abuse

services pursuant to this chapter to provide inpatient chemical

dependence services, as defined in section 1.03 of this chapter, shall

be at rates or fees certified by the commissioner of the respective

office and approved by the director of the division of the budget,

provided, however, the commissioner of mental health shall annually

certify such rates or fees which may vary for distinct geographical

areas of the state and, provided, further, that rates or fees for

service for inpatient psychiatric services or inpatient chemical

dependence services, at hospitals otherwise licensed pursuant to article

twenty-eight of the public health law shall be established in accordance

with section two thousand eight hundred seven of the public health law

and, provided, further, that rates or fees for services provided by any

facility or program licensed, operated or approved by the office for

people with developmental disabilities, shall be certified by the

commissioner of health; provided, however, that such methodologies shall

be subject to approval by the office for people with developmental

disabilities and shall take into account the policies and goals of such

office.

* 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

* (a) Notwithstanding any inconsistent provision of law, payment made

by government agencies pursuant to title eleven of article five of the

social services law for services provided by any facility licensed by

the office of mental health pursuant to article thirty-one of this

chapter, certified by the office of addiction services and supports

pursuant to this chapter to provide inpatient chemical dependence

services, as defined in section 1.03 of this chapter, or facilities

jointly licensed by the office of mental health and the office of

addiction services and supports pursuant to article thirty-six of this

title, shall be at rates or fees certified by the commissioner of the

respective office or offices and approved by the director of the

division of the budget, provided, however, the commissioner of mental

health shall annually certify such rates or fees which may vary for

distinct geographical areas of the state and, provided, further, that

rates or fees for service for inpatient psychiatric services or

inpatient chemical dependence services, at hospitals otherwise licensed

pursuant to article twenty-eight of the public health law shall be

established in accordance with section twenty-eight hundred seven of the

public health law and, provided, further, that rates or fees for

services provided by any facility or program licensed, operated or

approved by the office for people with developmental disabilities, shall

be certified by the commissioner of health; provided, however, that such

methodologies shall be subject to approval by the office for people with

developmental disabilities and shall take into account the policies and

goals of such office.

* 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

* (b) Operators of facilities licensed by the office of mental health

pursuant to article thirty-one of this chapter, licensed by the office

for people with developmental disabilities pursuant to article sixteen

of this chapter or certified by the office of alcoholism and substance

abuse services pursuant to this chapter to provide inpatient chemical

dependence services shall provide to the commissioner of the respective

office such financial, statistical and program information as the

commissioner may determine to be necessary. The commissioner of the

appropriate office shall have the power to conduct on-site audits of

books and records of such facilities.

* 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

* (b) Operators of facilities licensed by the office of mental health

pursuant to article thirty-one of this chapter, licensed by the office

for people with developmental disabilities pursuant to article sixteen

of this chapter, certified by the office of addiction services and

supports pursuant to this chapter to provide inpatient chemical

dependence services, or facilities jointly licensed by the office of

mental health and the office of addiction services and supports pursuant

to article thirty-six of this title, shall provide to the commissioner

of the respective office such financial, statistical and program

information as the commissioner may determine to be necessary. The

commissioner of the appropriate office or offices shall have the power

to conduct on-site audits of books and records of such facilities.

* 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

(c) The commissioner of the office of mental health, the commissioner

of the office for people with developmental disabilities and the

commissioner of the office of alcoholism and substance abuse services

shall adopt rules and regulations to effectuate the provisions of this

section. Such rules and regulations shall include, but not be limited

to, provisions relating to:

(i) the establishment of a uniform statewide system of reports and

audits relating to the quality of care provided, facility utilization

and costs of providing services; such a uniform statewide system may

provide for appropriate variation in the application of the system to

different classes or subclasses of facilities licensed by the office of

mental health pursuant to article thirty-one of this chapter or licensed

or operated by the office for people with developmental disabilities

pursuant to article sixteen of this chapter, or certified by the office

of alcoholism and substance abuse services pursuant to this chapter to

provide inpatient chemical dependence services; and

(ii) methodologies used in the establishment of the schedules of rates

or fees pursuant to this section provided, however, that the

commissioner of health shall adopt rules and regulations including

methodologies developed by him or her for services provided by any

facility or program licensed, operated or approved by the office for

people with developmental disabilities; provided, however, that such

rules and regulations shall be subject to the approval of the office for

people with developmental disabilities and shall take into account the

policies and goals of such office.