9/1/10 N.Y. St. Reg. OMH-35-10-00023-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend Part 505 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, section 7.09
Subject:
Correction of an inaccurate State agency name.
Purpose:
To update the name of the Commission on Quality of Care and Advocacy for Persons with Disabilities within existing regulation.
Text of proposed rule:
Section 505.10 of Title 14 NYCRR is amended to read as follows:
Employees and agents of the Office of Mental Health, Commission on Quality of Care and Advocacy for [the Mentally Disabled] Persons with Disabilities, and other Federal, State and local agencies responsible for monitoring, inspecting, supervising, and investigating programs operated or certified by the Office of Mental Health shall have access to confidential HIV information to the extent necessary to discharge those responsibilities.
Text of proposed rule and any required statements and analyses may be obtained from:
Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email:
cocbjdd@omh.state.ny.usData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This rulemaking is filed as a Consensus rule on the grounds that its purpose is to make a technical correction. The rule is non-controversial, and no person is likely to object since it merely updates the incorrect name of a State agency.
Pursuant to Chapter 58 of the Laws of 2005, two State agencies (the former Commission on Quality of Care for the Mentally Disabled and the former New York State Office of Advocate for Persons with Disabilities) merged on April 1, 2005, and the new name of the combined agency is Commission on Quality of Care and Advocacy for Persons with Disabilities.
Statutory Authority: Section 7.09 of the Mental Hygiene Law authorizes the Commissioner of the Office of Mental Health to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.
A Job Impact Statement is not submitted with this Notice because it merely corrects an inaccurate reference in the regulation. It is obvious that there will be no impact on jobs and employment opportunities as a result of this rule making.
