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 wit

§  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  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,  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.    (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.    (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.