N.Y. Social Services Law § 461: Responsibility for standards

§ 461. Responsibility for standards. 1. The department shall

promulgate and may alter or amend regulations effectuating the

provisions of this title, including but not limited to establishing

fiscal, administrative, architectural, safety, nutritional and program

standards which apply to all adult care facilities subject to its

inspection and supervision. Such regulations may be promulgated,

altered or amended only after consultation with the board of social

welfare, department of mental hygiene, health department and office for

the aging.

2. In addition to those standards established pursuant to regulations

under subdivision one hereof, the department of mental hygiene may

propose any supplementary standards relating to the necessity for and

content of programs designed to protect the health and well-being of

mentally disabled persons, as defined in the mental hygiene law, which

shall apply to any facility which cares for a significant number of such

persons. The promulgation by the department of any regulations adopting

such supplementary standards shall be subject to the approval of the

department of mental hygiene.

3. Nothing contained within this title shall prohibit an operator of

any adult care facility from exceeding the requirements of this title or

the regulations of the department which effectuate the provisions of

this title.