(a) Sections 7.09 and 31.04 of the Mental Hygiene Law give the commissioner the power and responsibility to plan, establish, license and evaluate programs and services for the benefit of individuals diagnosed with mental illness, and 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 give the Office of Mental Health responsibility for establishing and maintaining standards for medical care and services in facilities under its jurisdiction, in accordance with cooperative arrangements with the Department of Health.

(c) Section 43.01 of the Mental Hygiene Law gives the commissioner authority to set rates for outpatient services at facilities operated by the Office of Mental Health. Section 43.02 of the Mental Hygiene Law provides that payments under the medical assistance program for outpatient 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.

(d) Section 43.02(b) of the Mental Hygiene Law gives the commissioner authority to request from operators of facilities licensed by the Office of Mental Health such financial, statistical and program information as the commissioner may determine to be necessary.