(a) Section 19.07(c) of the Mental Hygiene Law (MHL) charges the office with the responsibility to ensure that persons who abuse or are dependent on alcohol and/or substances and their families are provided with care and treatment that is effective and of high quality.

(b) Section 19.07(e) of the MHL authorizes the commissioner to adopt standards including necessary rules and regulations pertaining to chemical dependence treatment services.

(c) Section 19.09(b) of the MHL authorizes the commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.

(d) Section 19.20 of the MHL requires review of criminal history information review concerning certain prospective employees and volunteers of providers of services certified, operated or otherwise authorized by the office.

(e) Section 19.20-a of the MHL authorizes the office to receive and review criminal history information from the Justice Center related to persons seeking to be credentialed or applicants for an operating certificate issued by the office.

(f) Section 19.21(b) of the MHL requires the commissioner to establish and enforce regulations concerning the licensing, certification, and inspection of chemical dependence treatment services.

(g) Section 19.21(d) of the MHL requires the office to establish reasonable performance standards for providers of services certified by the office.

(h) Section 19.40 of the MHL authorizes the commissioner to issue operating certificates for the provision of chemical dependence treatment services.

(i) Section 32.01 of the Mental Hygiene Law authorizes the commissioner to adopt any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by article 32 of the Mental Hygiene Law.

(j) Section 32.05 of the MHL provides that no substance use disorder services may be established without the approval of the commissioner.

(k) Section 32.07(a) of the MHL authorizes the commissioner to adopt regulations to effectuate the provisions and purposes of article 32 of the MHL.

(l) Section 32.09 of the MHL contains criteria that the commissioner must consider when issuing an operating certificate.

(m) Section 32.21 of the MHL provides the commissioner with the authority to suspend, revoke or limit operating certificates and imposition of fines.

(n) Section 32.29 of the MHL authorizes the commissioner to approve the construction of a facility for which an operating certificate will be issued.

(o) Section 32.31 of the MHL provides the process for the establishment or incorporation of facilities for substance use disorder services.

(p) Section 406 of the Business Corporation Law requires any corporation which intends to establish or operate a program of services for substance use disorder to obtain the approval of the commissioner as to the proposed filing of its certificate of incorporation.

(q) Section 404(u) of the Not-For-Profit Corporation Law gives the commissioner the responsibility of approving the certificate of incorporation of any corporation which intends to establish or operate a substance use disorder program.

(r) The Protection of People with Special Needs Act (chapter 501 of the Laws of 2012) establishes the Justice Center for the Protection of People with Special Needs (Justice Center) and requires criminal information history reviews of all applicants for authorization to operate a program of services for substance use disorder; and of all employees, contractors, or volunteers of such certified program who will have the potential for, or may be permitted, regular and substantial unsupervised or unrestricted physical contact with the clients in such treatment facilities.

(s) 42 CFR 431.110 relates to Federal requirements that New York State’s Medicaid State Plan provide for the acceptance of Indian Health Services facilities as a Medicaid provider on the same basis as any other qualified provider.