NYAPRS Note: An excerpt from the budget bill.
Section 1. (a) Notwithstanding any law, rule or regulation to the contrary, two or more of the commissioners of the department of health, the office of mental health, the office of alcoholism and substance abuse services or the office for people with developmental disabilities are jointly authorized to establish operating, reporting and construction requirements, as well as joint survey requirements and procedures for entities operating under the auspices of one or more such agencies, that:
(1) can demonstrate experience and competence in the delivery of health, mental health, alcohol and substance abuse services and/or services to persons with developmental disabilities and the capacity to offer the integrated delivery of such services at locations as may be approved by two or more of the respective commissioners; and
(2) meet the standards that may be established by the respective commissioners for the provision of such services; provided, however, that an entity meeting the standards established pursuant to this section shall not be required to be an integrated service provider pursuant to subdivision seven of section three hundred sixty-five-l of the social services law.
(b) In establishing one or more sets of joint requirements or procedures for entities described in this section, each participating commissioner is authorized to waive any regulatory requirements, or to determine that compliance with another participating commissioner’s regulatory requirements shall be deemed to meet the regulatory requirements of his or her agency, as may be necessary or desirable to avoid duplication of requirements and/or to permit the integrated delivery of health and behavioral health services in an efficient and effective manner.
(c) The authority granted the commissioners in this section is intended to complement and supplement the authority granted to such commissioners pursuant to subdivision seven of section three hundred sixty-five-l of the social services law.
(d) All operating, reporting and construction requirements, as well as joint survey requirements and procedures, promulgated pursuant to this section shall be so done as to increase efficiencies, and reduce administrative burdens. The affected agency will post a notice on its website when regulations are waived or regulatory requirements are deemed to have been met. No regulation promulgated under this section, nor any action taken pursuant to subdivision (b) of this section, shall conflict with statutory requirements pertaining to entities operating under the auspices of the department of health, the office of mental health, the office of alcoholism and substance abuse services, or the office for people with developmental disabilities. The promulgation of any regulation or rule, and the adoption of any emergency rule, pursuant to this section, shall be done in accordance with section two hundred two of the state administrative procedure act.
2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2012.