(a) Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.

(b) Sections 364 and 364-a of the Social Services Law gives the Office of Mental Health responsibility for establishing and maintaining standards for medical care and services in facilities operated by it or subject to its supervision pursuant to the Mental Hygiene Law.

(c) Section 43.02 of the Mental Hygiene Law provides that payments under the Medical Assistance Program for services at facilities licensed by the Office of Mental Health shall be at rates certified by the Commissioner of Mental Health and approved by the Director of the Budget.