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.