§ 19.21 Programs, services, and operation of facilities certified or

licensed by the office of alcoholism and substance abuse

services; temporary emergency operating certificates and

licenses.

(a) The office shall inspect and approve or disapprove the facilities
of and the services provided by alcoholism programs, substance abuse
programs, and chemical dependence programs, and any program or facility
purporting to provide such services.

(b) The office shall redefine and develop, establish, promulgate, and
enforce certification, inspection, licensing, and treatment standards
for chemical dependence facilities and staff, which shall be applied in
addition to any other standards for any other services provided by such
facilities, and which shall be applicable to any facility providing or
purporting to provide as part or all of a program of services, any
services for the alleviation of the conditions of alcoholism, alcohol
abuse, substance abuse, substance dependence, chemical abuse, or
chemical dependence. Where appropriate, such standards shall provide
for priority of admission for persons whose children have been placed in
foster care or are in jeopardy of being so placed pursuant to article
ten of the family court act or article six of the social services law.

(c) The office shall have the authority to assist, through counseling
or referral, and cause assistance to be provided to, recovering
alcoholic persons; or former alcohol abusers, substance abusers, or
substance dependent persons; or other persons who have received
alcoholism, substance abuse, or chemical dependence services, with
respect to any right or privilege impaired, suspended, or forfeited as a
result of alcoholism; or past substance abuse, substance dependence, or
chemical dependence; or the receipt of such services, in securing the
benefits of any non-discrimination laws or policies regarding such
persons enacted or adopted by federal, state or local governments.

(d) The office shall establish reasonable performance standards for
all providers of alcoholism, substance abuse, and chemical dependence
services which are certified by such office pursuant to this title.

(1) Such standards shall:

(i) take into consideration program resources and the functional
severity of patients served; and

(ii) be clearly defined and developed in consultation with certified
providers of alcoholism, substance abuse, and chemical dependence
services.

(2) The office shall promulgate regulations to implement the
provisions of this subdivision which:

(i) establish criteria to assess alcoholism, substance abuse, and
chemical dependence treatment effectiveness in accordance with the
standards developed pursuant to this subdivision, including but not
limited to criteria regarding client retention, completion of program,
and outcome results; and

(ii) establish a procedure to be implemented by such office for
reviewing and evaluating performance of certified providers of service
in a consistent and objective manner.