§ 43.12 Electronic submission of periodic cost reports to the office for

people with developmental disabilities.

Notwithstanding any provision of law, rule or regulation to the
contrary, every operator of a facility which is licensed by the office
for people with developmental disabilities (hereinafter "office") and
every provider of services which is subject to the regulation or control
of the office shall submit electronically, via the internet, any annual
cost report which is required to be submitted to the office pursuant to
the provisions of section 43.02 of this article and any rules and
regulations promulgated thereunder and any other required periodic cost
report or accounting which may be prescribed by the commissioner of
developmental disabilities as subject to such electronic submission. The
office shall publish and make available at all times on its website
instructions for the submission of such reports or accountings via the
internet, including instructions relating to the use of an electronic
signature as may be required by the commissioner of developmental
disabilities which signature shall be subject to, and submitted in
accordance with, the provisions of the state technology law and any
rules and regulations promulgated thereunder. Any operator or provider
of services that is unable to submit such cost report or accounting in
accordance with this section may apply for a waiver of such required
submission from the commissioner of developmental disabilities. The
commissioner of developmental disabilities may grant a waiver for any
given submission to such operator or provider of services for good cause
shown and may grant a general waiver to all operators or providers of
services with respect to any required submission. On and after the
effective date of this section, any contract entered into between the
office and a provider of services which involves the provision of
services to persons with developmental disabilities and which contains
provisions that require the submission of any periodic report or
accounting may also contain provisions that require the submission of
any periodic cost report or accounting required under such contract to
be submitted electronically as set forth in this section.