N.Y. Mental Hygiene Law § 43.12: Electronic submission of periodic cost reports to the office for people with developmental disabilities

§ 43.12 Electronic submission of periodic cost reports to the office for

people with developmental disabilities.

Notwithstanding any provision of law, rule or regulation to the

contrary, every operator of a facility which is licensed by the office

for people with developmental disabilities (hereinafter "office") and

every provider of services which is subject to the regulation or control

of the office shall submit electronically, via the internet, any annual

cost report which is required to be submitted to the office pursuant to

the provisions of section 43.02 of this article and any rules and

regulations promulgated thereunder and any other required periodic cost

report or accounting which may be prescribed by the commissioner of

developmental disabilities as subject to such electronic submission. The

office shall publish and make available at all times on its website

instructions for the submission of such reports or accountings via the

internet, including instructions relating to the use of an electronic

signature as may be required by the commissioner of developmental

disabilities which signature shall be subject to, and submitted in

accordance with, the provisions of the state technology law and any

rules and regulations promulgated thereunder. Any operator or provider

of services that is unable to submit such cost report or accounting in

accordance with this section may apply for a waiver of such required

submission from the commissioner of developmental disabilities. The

commissioner of developmental disabilities may grant a waiver for any

given submission to such operator or provider of services for good cause

shown and may grant a general waiver to all operators or providers of

services with respect to any required submission. On and after the

effective date of this section, any contract entered into between the

office and a provider of services which involves the provision of

services to persons with developmental disabilities and which contains

provisions that require the submission of any periodic report or

accounting may also contain provisions that require the submission of

any periodic cost report or accounting required under such contract to

be submitted electronically as set forth in this section.