N.Y. Comp. Codes R. & Regs. tit. 14, § 577.2
Sections 7.09 and 43.02 of the Mental Hygiene Law grant the commissioner the power and responsibility to adopt regulations that are necessary and proper to implement matters under his/her jurisdiction and to establish standards and methods for determining rates of payment made by government agencies pursuant to title 11 of article 5 of the Social Services Law for services provided by facilities, including hospitals, licensed by the Office of Mental Health pursuant to article 31 of the Mental Hygiene Law.