Sec. 810.18. Indian Health Service (IHS) programs

(a) Notwithstanding section 32.05 of the Mental Hygiene Law, a program organized, operated or authorized by the Federal government to operate as an Indian Health Service facility, with an alcohol/substance abuse program, is not required to obtain office certification provided such service meets the applicable standards for certification.

(b) An attestation from the facility that such facility is authorized by the Federal government shall be recognized by the office as evidencing the applicable standards for certification for purposes of obtaining an operating certificate. Facilities that do not require an operating certificate need not submit an attestation.

(c) Such facility may not be denied participation as a Medicaid provider on the basis of a lack of certification and shall be afforded the same rights, opportunities and obligations as any other qualified provider.