N.Y. Mental Hyg. Law § 43.02

§ 43.02 Rates or methods of payment for services at facilities subject\n to licensure or certification by the office of mental health,\n the office for people with developmental disabilities or the\n office of alcoholism and substance abuse services.\n * (a) Notwithstanding any inconsistent provision of law, payment made\nby government agencies pursuant to title eleven of article five of the\nsocial services law for services provided by any facility licensed by\nthe office of mental health pursuant to article thirty-one of this\nchapter or certified by the office of alcoholism and substance abuse\nservices pursuant to this chapter to provide inpatient chemical\ndependence services, as defined in section 1.03 of this chapter, shall\nbe at rates or fees certified by the commissioner of the respective\noffice and approved by the director of the division of the budget,\nprovided, however, the commissioner of mental health shall annually\ncertify such rates or fees which may vary for distinct geographical\nareas of the state and, provided, further, that rates or fees for\nservice for inpatient psychiatric services or inpatient chemical\ndependence services, at hospitals otherwise licensed pursuant to article\ntwenty-eight of the public health law shall be established in accordance\nwith section two thousand eight hundred seven of the public health law\nand, provided, further, that rates or fees for services provided by any\nfacility or program licensed, operated or approved by the office for\npeople with developmental disabilities, shall be certified by the\ncommissioner of health; provided, however, that such methodologies shall\nbe subject to approval by the office for people with developmental\ndisabilities and shall take into account the policies and goals of such\noffice.\n * NB Effective until the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n * (a) Notwithstanding any inconsistent provision of law, payment made\nby government agencies pursuant to title eleven of article five of the\nsocial services law for services provided by any facility licensed by\nthe office of mental health pursuant to article thirty-one of this\nchapter, certified by the office of addiction services and supports\npursuant to this chapter to provide inpatient chemical dependence\nservices, as defined in section 1.03 of this chapter, or facilities\njointly licensed by the office of mental health and the office of\naddiction services and supports pursuant to article thirty-six of this\ntitle, shall be at rates or fees certified by the commissioner of the\nrespective office or offices and approved by the director of the\ndivision of the budget, provided, however, the commissioner of mental\nhealth shall annually certify such rates or fees which may vary for\ndistinct geographical areas of the state and, provided, further, that\nrates or fees for service for inpatient psychiatric services or\ninpatient chemical dependence services, at hospitals otherwise licensed\npursuant to article twenty-eight of the public health law shall be\nestablished in accordance with section twenty-eight hundred seven of the\npublic health law and, provided, further, that rates or fees for\nservices provided by any facility or program licensed, operated or\napproved by the office for people with developmental disabilities, shall\nbe certified by the commissioner of health; provided, however, that such\nmethodologies shall be subject to approval by the office for people with\ndevelopmental disabilities and shall take into account the policies and\ngoals of such office.\n * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n * (b) Operators of facilities licensed by the office of mental health\npursuant to article thirty-one of this chapter, licensed by the office\nfor people with developmental disabilities pursuant to article sixteen\nof this chapter or certified by the office of alcoholism and substance\nabuse services pursuant to this chapter to provide inpatient chemical\ndependence services shall provide to the commissioner of the respective\noffice such financial, statistical and program information as the\ncommissioner may determine to be necessary. The commissioner of the\nappropriate office shall have the power to conduct on-site audits of\nbooks and records of such facilities.\n * NB Effective until the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n * (b) Operators of facilities licensed by the office of mental health\npursuant to article thirty-one of this chapter, licensed by the office\nfor people with developmental disabilities pursuant to article sixteen\nof this chapter, certified by the office of addiction services and\nsupports pursuant to this chapter to provide inpatient chemical\ndependence services, or facilities jointly licensed by the office of\nmental health and the office of addiction services and supports pursuant\nto article thirty-six of this title, shall provide to the commissioner\nof the respective office such financial, statistical and program\ninformation as the commissioner may determine to be necessary. The\ncommissioner of the appropriate office or offices shall have the power\nto conduct on-site audits of books and records of such facilities.\n * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n (c) The commissioner of the office of mental health, the commissioner\nof the office for people with developmental disabilities and the\ncommissioner of the office of alcoholism and substance abuse services\nshall adopt rules and regulations to effectuate the provisions of this\nsection. Such rules and regulations shall include, but not be limited\nto, provisions relating to:\n (i) the establishment of a uniform statewide system of reports and\naudits relating to the quality of care provided, facility utilization\nand costs of providing services; such a uniform statewide system may\nprovide for appropriate variation in the application of the system to\ndifferent classes or subclasses of facilities licensed by the office of\nmental health pursuant to article thirty-one of this chapter or licensed\nor operated by the office for people with developmental disabilities\npursuant to article sixteen of this chapter, or certified by the office\nof alcoholism and substance abuse services pursuant to this chapter to\nprovide inpatient chemical dependence services; and\n (ii) methodologies used in the establishment of the schedules of rates\nor fees pursuant to this section provided, however, that the\ncommissioner of health shall adopt rules and regulations including\nmethodologies developed by him or her for services provided by any\nfacility or program licensed, operated or approved by the office for\npeople with developmental disabilities; provided, however, that such\nrules and regulations shall be subject to the approval of the office for\npeople with developmental disabilities and shall take into account the\npolicies and goals of such office.\n