reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 600 - Crisis Stabilization Centers › Section 600.10 - Discharge Planning and Referral

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Discharge criteria.
(1) The provisions of
				section 29.15  of the Mental Hygiene Law
				shall not apply to the discharge of a Recipient from a Crisis Stabilization
				Center.
(2) Discharge planning
				shall be conducted for all Recipients at a Crisis Stabilization Center who have
				been determined to require additional mental health and/or substance use
				services.
(3) Discharge planning
				criteria shall include at least the following activities prior to a Recipient
				leaving the Crisis Stabilization Center:
(i) a
				review of the Recipient's psychiatric, substance use and physical health
				needs;
(ii) completion of referrals
				which include documented linkages to appropriate community services providers,
				in collaboration with the Recipient and Center staff, to address the
				Recipient's identified needs;
(iii)
				in collaboration with the Recipient receiving services, the Center shall
				arrange for appointments with community providers which shall be made as soon
				as possible after leaving the Center;
(iv) each Recipient shall be given the
				opportunity to participate in the development of their person-centered
				discharge plan. Absent the objection of the Recipient and when clinically
				appropriate, reasonable attempts shall be made to contact collaterals for their
				participation in the transition planning program. However, no person or
				collaterals shall be required to agree to the Recipient's discharge. A notation
				shall be made in the Recipient's record if such Recipient objects to the
				discharge plan or any part thereof; and
(v) contact information for local and
				national mental health and substance use disorder crisis services.
(4) The discharge plan, or at a
				minimum that portion of the Plan which includes referral information, must be
				given to the Recipient, and any collateral with Recipient consent, prior to the
				Recipient leaving the program.
(5)
				The Crisis Stabilization Center shall document linkages to after-care
				appointment(s) and verify those appointments occurred and follow up with
				Recipients to ensure satisfactory linkage to care.
(6) Where there is the risk of opioid related
				overdose, the Recipient, and their family/collateral(s), shall be offered
				overdose prevention education and training, and a naloxone kit or
				prescription.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 600 - Crisis Stabilization Centers › Section 600.12 - Case record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				be a complete legible case record maintained for each Recipient at a Crisis
				Stabilization Center.
(b) The case
				record shall be available to all clinical staff of the Crisis Stabilization
				Center who are participating in the treatment of the Recipient consistent with
				45 C.F.R. Parts
				160 and
				164 and 42 CFR Part 2.
(c) All Recipients from the Crisis
				Stabilization Center must have a case record which, at a minimum, includes a
				presentation note which indicates:
(1) a
				brief description of the presenting problem, critical needs and overall
				conditions;
(2) a brief description
				of the care and treatment required to address the Recipient's needs safely and
				effectively during the initial period after screening and assessment;
				and
(3) a brief description of the
				Crisis Stabilization Center's attempts to contact collaterals.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 600 - Crisis Stabilization Centers › Section 600.13 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Crisis
				Stabilization Center shall maintain premises that are adequate and appropriate
				for the safe and effective operation of a Crisis Stabilization Center in
				accordance with the following:
(1) the Center
				shall be maintained in a good state of repair and sanitation;
(2) the Center's space shall be both adequate
				and appropriate for the comfort and convenience of those waiting for and
				receiving services;
(3) the
				Center's space shall be constructed using trauma informed principles;
(4) the Center shall have sufficient,
				appropriate and comfortable furnishings maintained in good condition and
				appropriate equipment and material for the population served;
(5) the Center's space shall be sufficient to
				provide safety, and to allow for a reasonable degree of privacy consistent with
				the effective delivery of services;
(6) the Center's space shall include
				examination rooms;
(7) the Center's
				space shall be both adequate and appropriate for the maintenance of privacy for
				interviews between staff members and Recipients served;
(8) the premises shall be reasonably
				maintained to ensure access to services by all Recipients;
(9) the Center shall provide and ensure
				accessibility for persons with disabilities to program and bathroom facilities,
				including showers;
(10) the Center
				shall provide appropriate access to telephone, internet, and food for all
				Recipients;
(11) the Center shall
				ensure access to laundry facilities;
(12) the Center shall provide for controlled
				access to and maintenance of medications and supplies in accordance with all
				applicable Federal and State laws and regulations;
(13) the Center shall provide for controlled
				access to and maintenance of records;
(14) the Center shall provide sufficient
				separation and supervision of various treatment populations, including adults
				and children, to ensure the safety of the population receiving crisis
				stabilization services;
(15) the
				Center shall provide a separate entrance and triage area for law enforcement
				drop-offs; and
(16) where minors
				under the age of 18 are receiving services in the Center, they shall not be
				commingled with adults in areas of the space where the adults are receiving
				services, nor shall they receive services in groups which include adults.
(i) In extraordinary circumstances, such
				commingling may be permitted upon written approval of the office, on a
				situational and time-limited basis.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 600 - Crisis Stabilization Centers › Section 600.14 - Statistical records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Statistical information shall be prepared and maintained as may be necessary
				for the effective operation of the Crisis Stabilization Center including but
				not limited to quality measures and monitoring of outcomes and as may be
				required by the Office.
(b)
				Statistical information shall be reported to the Office in a manner and within
				time limits specified by the Office.
(c) Statistical reporting shall be the
				responsibility of an individual whose name and title shall be made known to the
				Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply in the following appeal proceedings and
				  requests for declaratory rulings brought by or before the Office for People
				  With Developmental Disabilities pursuant to the Mental Hygiene Law and/or
				  regulations issued pursuant thereto:
(a) certificate of need hearings, pursuant to
				Mental Hygiene Law, section
				16.09 and Part 620 of this
				Title;
(b) hearings requested after
				denial of application for or limitation of initial operating certificate,
				pursuant to Mental Hygiene Law, section
				16.17;
(c) hearings on suspension, revocation or
				limitation of an operating certificate, or the imposition of a fine on the
				holder thereof, pursuant to Mental Hygiene Law, section
				16.17;
(d) hearings on the denial of the renewal of
				an operating certificate, pursuant to Mental Hygiene Law, section
				16.17;
(e) audit appeal hearings, except appeals of
				audits pursuant to sections
				681.12 and
				690.12 
				respectively of this Title;
(f)
				hearings requested on the temporary suspension or limitation of an operating
				certificate, pursuant to Mental Hygiene Law, section
				16.17 (b);
(g) ICF/DD and specialty hospital second
				level rate appeals, and second level fee and rent appeals for community
				residences, pursuant to sections
				681.12(d),
				680.12(e),
				and
				686.13(f),
				respectively, of this Title; and
(h) petitions seeking declaratory rulings
				pursuant to section 204 of the State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.2 - General procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice
				of proposed action and opportunity to be heard. The office, (see glossary),
				shall issue a notice of the OPWDD's decision to take action, which shall
				include:
(1) notice of the proposed action
				and a general description of the reasons therefor; and
(2) notice of any rights pursuant to law or
				regulation to appeal and to request a hearing on the matter.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.3 - Hearing procedures: certificate of need hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
In addition to section
				  602.2  of this
				  Part, this section shall apply to hearings held pursuant to Part 620 of this
				  Title as required by Mental Hygiene Law, section 16.09. W here a conflict
				  exists between this section and section
				  602.2  of this
				  Part, the provisions of this section shall be controlling.
(b)
Hearing requests.
(1) The proposed action shall be final,
				unless a hearing is requested in writing to the commissioner within 10 days of
				service of the notice of the proposed action.
(2) Hearings may be held at the request of
				any party permitted to request a hearing pursuant to Part 620 of this
				Title.
(3) The request shall
				include a declaration of the issues alleged to be involved and documentation of
				the party's position as to each issue it has identified.
(4) The commissioner shall issue to the
				parties a notice of hearing; and a statement of issues. The commissioner shall
				consider those requests for amendments to the statement of issues which he or
				she receives at least seven days prior to the initial hearing date.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.4 - Hearing procedures: denial or limitation of initial operating certificate hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
In addition to section
				  602.2  of this
				  Part, this section shall apply to hearings held pursuant to Mental Hygiene Law,
				  section
				  16.05, which provides that the
				  commissioner shall not deny any application or limit any initial operating
				  certificate without giving the applicant an opportunity to be heard. Where a
				  conflict exists between this section and section
				  602.2  of this
				  Part, the provisions of this section shall be controlling.
(b)
Hearing requests.
The decision to deny or limit an initial operating
				  certificate shall be final, unless the applicant requests a hearing in writing
				  within 10 days of service of notice of the proposed action to limit or deny.
				  Such request shall be made to the commissioner, and shall include a copy of
				  OPWDD's notice of proposed action. The request must also include a declaration
				  of the issues alleged to be involved, and documentation of the provider's
				  position as to each identified issue.
(c)
Hearing date.
The hearing shall commence within 40 days of receipt of the
				  hearing request, unless the hearing officer grants an adjournment.
(d)
Burden of proof.
The applicant shall present its case first. The burden of
				  proof shall be on the applicant to demonstrate his or her ability to operate a
				  facility in full compliance with all relevant laws and regulations, and of
				  fulfillment of all criteria for initial certification.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.6 - Hearing procedures: denial of operating certificate renewal hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
In addition to section
				  602.2  of this
				  Part, this section shall apply to hearings held when the office proposes to
				  deny an operating certificate holder's application for renewal of an operating
				  certificate. Where a conflict exists between this section and section
				  602.2  of this
				  Part, the provisions of this section shall be controlling.
(b)
Hearing requests.
The denial of renewal shall be final, unless the operating
				  certificate holder requests a hearing in writing within 30 days of service of
				  notice of the proposed action. Such request shall be made to the commissioner,
				  and shall include a copy of OPWDD's notice of proposed action. The request must
				  also include a declaration of the issues alleged to be involved, and
				  documentation of the provider's position as to each identified issue.
(c)
Stay of execution of
				proposed action.
Except as provided for in Mental Hygiene Law, section
				  16.17(b), if the party
				  makes a valid hearing request, the execution of any proposed action shall be
				  stayed pending a final determination by the commissioner after a recommendation
				  by a hearing officer.
(d)
				The operating certificate holder must serve on the division of the office which
				issued the statement of issues and the hearing officer an answer, signed by the
				holder, no later than three days before the initial hearing date.
(e)
Burden of proof.
The OPWDD shall present its case first. The burden of proof
				  shall be on the OPWDD to present evidence of the provider's failure to operate
				  the facility in full compliance with all relevant laws and regulations at the
				  time of the survey of the facility by OPWDD, or that the criteria for initial
				  certification are no longer being met.
(f) When the office seeks the denial of
				renewal of an operating certificate previously granted by the OPWDD, either
				party shall, upon demand and at least seven days prior to the hearing, disclose
				the evidence that the party intends to introduce at the hearing, including
				documentary evidence and identification of witnesses; provided, however, the
				provisions of this subdivision shall not be deemed to require the disclosure of
				information or material otherwise protected by law from disclosure, including
				information and material protected because of privilege or confidentiality. If,
				after such disclosure, a party determines to rely upon other witnesses or
				information, the party shall, as soon as practicable, supplement its disclosure
				by providing the names of such witnesses or the additional documents.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.7 - Hearing procedures: audit appeal hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
In addition to section
				  602.2  of this
				  Part, this section shall apply to hearings held pursuant to any law or
				  regulation giving a right to a hearing before OPWDD to appeal audit findings,
				  except that this section shall not apply to audit hearings requested pursuant
				  to section
				  681.14
				  or
				  690.7 
				  of this Title. Where a conflict exists between this section and section
				  602.2  of this
				  Part, the provisions of this section shall be controlling.
(b)
Hearing requests.
(1) The OPWDD's audit findings, as adjusted
				in accordance with the determination after administrative review, and as served
				on the provider, shall be deemed to be the notice of proposed action under
				section
				602.2(a) 
				of this Part.
(2) The audit
				findings shall be final, unless the provider requests a hearing in writing
				within 30 days of service of such findings. Such request shall be made to the
				commissioner.
(3) The request shall
				include a copy of the final audit report; a declaration of the audit findings
				being appealed and issues alleged to be involved; and documentation of the
				provider's position as to each identified issue.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.9 - Second level rate and fee appeal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) Where a conflict exists between this
				section and section
				602.2  of this
				Part, the provisions of this section shall be controlling. This Part shall
				apply to and be controlling in all second level appeals of the following
				decisions pursuant to the Mental Hygiene Law and/or regulations issued pursuant
				thereto:
(i) Decisions on first level appeals
				to rates for intermediate care facilities for persons with developmental
				disabilities pursuant to section
				681.2(d) 
				of this Title.
(ii) Decisions on
				first level appeals to rates for specialty hospitals pursuant to section
				680.12(e) 
				of this Title.
(iii) Decisions on
				first level appeals to fees and rent appeals for community residences pursuant
				to section
				686.13 
				of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.11 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding section
				  602.2  of this
				  Part, this section shall apply and be controlling in petitions seeking
				  declaratory rulings pursuant to Section 204 of the State Administrative
				  Procedure Act.
(a)
Applicability.
Upon petition, the Office for People With Developmental
				  Disabilities may issue a declaratory ruling with respect to:
(1) the applicability of any rule or statute
				enforceable by it; or
(2) whether
				any action by the Office for People With Developmental Disabilities should be
				taken pursuant to a rule.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part relates to public access to records of the Office
				  for People With Developmental Disabilities (hereinafter referred to as OPWDD)
				  and its operated and/or certified facilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.2 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recent
				legislation has determined that the people have the right to know the process
				of governmental decisionmaking and to review the records and statistics leading
				to those decisions.
(b) The purpose
				of this Part is to set forth the rules and procedures governing the public's
				access to records of OPWDD (see section
				603.13[d] 
				of this Part).
(c) Nothing in this
				Part shall permit disclosure if such disclosure is prohibited under article 6-A
				of the Public Officers Law, known as the Personal Privacy Protection Law, or
				section 33.13  of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.3 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the authority to adopt rules and regulations necessary and proper
				to implement any matter under his or her jurisdiction.
(b) This Part is subject to the provisions of
				article 6 of the Public Officers Law, known as the Freedom of Information
				Law.
(c) The rules of the State
				Committee on Open Government, promulgated as 21 NYCRR Part 1401, require the
				commissioner to publish regulations governing the public's access to OPWDD
				records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.4 - Records access officer and records access appeals officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
records access
				officer
(see section
				603.13[f] 
				of this Part) shall mean:
(1) With respect to
				records maintained by the central office of OPWDD in Albany, the public access
				officer, whose business address is: Office for People With Developmental
				Disabilities, 44 Holland Avenue, Albany, NY 12229.
(2) With respect to records regarding OPWDD
				facilities or services, the chief administrative officer; or the Director of
				the Developmental Disabilities Services Office (DDSO); or their designees,
				whose business addresses are:
Bernard Fineson DDSO
P.O. Box 280507
Queens Village, NY 11428
Brooklyn DDSO
888 Fountain Avenue
Brooklyn, NY 11208
Broome DDSO
249 Glenwood Road
Binghamton, NY 13905
Capital District DDSO
Balltown and Consaul Roads
Schenectady, NY 12304
Central New York DDSO
Box 550
Rome, NY 13422
Finger Lakes DDSO
620 Westfall Road
Rochester, NY 14620
Hudson Valley DDSO
P.O. Box 470
Thiells, NY 10984
Institute for Basic Research in Developmental
				  Disabilities
1050 Forest Hill Road
Staten Island, NY 10314
Long Island DDSO
45 Mall Drive
Commack, NY 11725
Metro New York DDSO
75 Morton Street
New York, NY 10014
Staten Island DDSO
1150 Forest Hill Road
Staten Island, NY 10314
Sunmount DDSO
2445 State Route 30
Tupper Lake, NY 12986
Taconic DDSO
26 Center Circle
Wassaic, NY 12592
Valley Ridge Center for Intensive Treatment
276 Chiarino Drive
Norwich, NY 13815
Western New York DDSO
1200 East and West Road
West Seneca, NY 14224
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.5 - Times and places for inspecting or copying records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for inspection and copying by the
				  public at the locations designated by the appropriate records access officer on
				  every day that such office is open for the transaction of administrative
				  business, between the hours of 9 a.m. and 4 p.m.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.6 - Procedures governing inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests shall be made in writing and
				shall reasonably describe the records to which access is sought.
(b) The records access officer shall, within
				five business days after receipt of a request:
(1) grant the request; or
(2) deny the request in writing. Such denial
				shall:
(i) explain the reason for the
				denial;
(ii) set forth the right of
				appeal to the records access appeals officer; and
(iii) provide the name, title, business
				address and telephone number of the records access appeals officer;
				or
(3) furnish a written
				acknowledgment of receipt of the request which includes a statement of the
				approximate date when the request will be granted or denied.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.7 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except where
				fees are established by law, rule or regulation, no fee shall be charged for:
(1) inspection of a record;
(2) record searches; or
(3) certification (see section
				603.13[a] 
				of this Part) pursuant to this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.8 - Grounds for denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for a record may be denied for
				any of the following reasons:
(1) The record
				is exempted from disclosure by other State or Federal statute. Examples of
				statutes which limit public access to records are:
(i) section 33.13  of the Mental Hygiene Law, which
				restricts access to information about individuals (see section
				603.13[b] 
				of this Part), including identification of individuals and their clinical
				records;
(ii) section 3101 (d)  of
				the Civil Practice Law and Rules, which restricts access to records prepared
				solely for purposes of litigation; and
(iii)
											sections 1306 and 1395bb of title 42 of the United States Code, which restrict public access to hospital survey reports
				prepared by the Joint Commission on the Accreditation of Hospitals
				(JCAH).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.9 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied access to
				records by the records access officer may, within 30 days of receipt of the
				denial, appeal such denial to the records access appeals officer, who is the
				Counsel of the Office for People With Developmental Disabilities and whose
				business address is: Counsel's Office, Office for People With Developmental
				Disabilities, 44 Holland Avenue, Albany, NY 12229.
(b) The written appeal shall identify:
(1) the date of the request and the location
				to which it was made;
(2) the
				record to which the requester was denied access; and
(3) the name and return address of the
				requester.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.10 - Payroll information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests
				for payroll information (name, business address, title and salary of officers
				and employees) about officers and employees at the central office of OPWDD
				shall be made in writing, on the form prescribed by the State Comptroller, to
				the business officer at 44 Holland Avenue, Albany, NY 12229.
(b) Requests for payroll information (name,
				business address, title and salary of officers and employees) about officers
				and employees employed at OPWDD facilities shall be made in writing, on the
				form prescribed by the State Comptroller, to the business officer of the
				facility at which such person is employed. The addresses of such business
				officers are set forth in section
				603.4(a)(2) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.11 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
OPWDD and each facility of OPWDD shall publicize, by posting
				  in a conspicuous location:
(a) the
				locations where records shall be made available for inspection or copying at
				that facility;
(b) the name, title,
				business address and business telephone of the designated records access
				officer at that facility; and
(c)
				the right to appeal by any person denied access to a record, and the name and
				business address of the records access appeals officer.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons or
				  circumstances.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 603 - Public Access To Records Pursuant To The Freedom Of Information Law › Section 603.13 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Certification (certify).
A statement that the copy is a true
				copy, as attested to, and documented by, the signature of the records access
				officer.
(b)
Factual
				tabulation.
A collection of statements of objective information
				logically arranged and reflecting objective reality, actual existence or actual
				occurrence. Opinions, policy options and recommendations do not constitute
				factual tabulations.
(c)
Person/individual.
An individual meeting appropriate admission
				criteria and receiving residential or nonresidential services at a program
				operated and/or certified by OPWDD. For the purposes of this regulation, this
				shall include persons who have applied, or are being screened, for any of the
				above services.
(d)
Record.
Any information kept, held, filed, produced or
				reproduced by, with or for OPWDD in any physical form whatsoever, including but
				not limited to: reports, statements, examinations, memoranda, opinions,
				folders, files, books, manuals, pamphlets, forms, papers, designs, drawings,
				maps, photos, letters, microfilms, computer tapes or discs, rules, regulations
				or codes.
(e)
Records
				access appeals officer.
That individual, or designee, who determines
				whether there is a legal basis for denying a request to access, amend or copy
				records.
(f)
Records access
				officer.
That individual who receives and processes requests to
				access, amend or copy records.
(g)
Statistical tabulation.
A record which is a collection or
				orderly presentation of numerical data logically arranged in columns, rows, or
				graphic representation. Opinions, policy options and recommendations do not
				constitute statistical tabulations.
(h)
Subject matter list.
A
				reasonably detailed current list, by subject matter, of all records maintained
				by OPWDD, regardless of whether such records are available to the public
				pursuant to section 87 (2)  of the Public Officers
				Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				chapter 652 of the Laws of 1983, the Office for People With Developmental
				Disabilities (hereinafter referred to as OPWDD), intends that this Part and its
				attendant procedures shall have as its ultimate goal the furtherance of the
				fundamental constitutional right to personal privacy.
(b) OPWDD acknowledges that it maintains data
				banks and information systems which contain information of the most personal
				and potentially sensitive nature regarding the persons to whom it provides
				services.
(c) The existence of such
				data banks and information systems and the increasingly sophisticated
				technology that makes them possible imposes upon OPWDD the obligation to
				establish appropriate procedures to ensure that personal rights to privacy are
				not abridged.
(d) Thus, the
				specific purpose of this Part is to set forth the methods and procedures
				governing the availability, location and nature of those records maintained by
				OPWDD subject to the provisions of article 6-A of the Public Officers Law,
				known as the Personal Privacy Protection Law, and the rules of the Committee on
				Open Government.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.2 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 13.09  of the Mental Hygiene Law, grants
				the commissioner the power to adopt rules and regulations which are necessary
				and proper to implement any matter under his or her jurisdiction.
(b) Section 94 of article 6-A of the Public
				Officers Law, requires the Commissioner of OPWDD to publish regulations
				governing the access to records which will ensure that the personal privacy
				rights of persons on whom records are maintained are sufficiently
				protected.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.3 - Records access officer and records access appeals officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records access officer shall be the
				individual(s) designated by section
				603.4(a) 
				of this Title.
(b) All requests to
				inspect, amend and/or copy records (see section
				604.12  of
				this Part) subject to disclosure as provided by this Part are to be made to the
				appropriate records access officer (see section
				604.12  of
				this Part).
(c) The records access
				appeals officer (see section
				604.12  of
				this Part) shall be responsible for processing any appeals resulting from the
				provisions of this Part.
(d) The
records access appeals officer
shall mean the Counsel of OPWDD
				whose business address is: Counsel's Office, Office for People With
				Developmental Disabilities, 44 Holland Avenue, Albany, NY 12229.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.4 - Times and places for inspecting records and the verification of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records may be
				inspected at locations designated by the appropriate records access officer,
				whose title and business address are as set forth in section
				604.3 
				of this Part.
(b) Records shall be
				available for inspection and copying by data subjects/authorized
				representatives (see section
				604.12  of
				this Part) on every day that the above office or facility is open for the
				transaction of administrative business between the hours of 9 a.m. and 4
				p.m.
(c) The identity of a data
				subject who requests access to his or her record may require verification as
				follows:
(1) Prior to being given access to
				personal information (see section
				604.12  of
				this Part), an individual may be required to provide reasonable verification of
				his or her identity.
(2) In the
				case of an individual who seeks access or amendment in person, verification of
				identity will normally be made from those documents that an individual is
				likely to have readily available, such as an employee identification card,
				driver's license, or comparable documents.
(3) When access or amendment is requested or
				processed by mail, verification of identity may be obtained by requiring the
				individual to provide certain minimum identifying data, such as date of birth
				and some item of information in the record that only the concerned individual
				would likely know. If the sensitivity of the information in the record
				warrants, a signed and notarized statement of identity may be
				required.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.5 - Procedures governing inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests shall be made in writing and
				shall reasonably describe the records to which access is sought.
(b) If the request is made by an authorized
				representative it must, in addition, be accompanied by an authorization which
				specifically describes:
(1) the personal
				information which the data subject wants disclosed;
(2) the person or entity to whom disclosure
				is authorized; and
(3) the
				situation specific use which will be made of such information by the person or
				entity receiving it.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.6 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except where
				fees are established by law, rule or regulation, no fee shall be charged for:
(1) inspection of a record;
(2) record searches;
(3) certification (see section
				604.12  of
				this Part) pursuant to this Part; and
(4) amendment or correction of a record found
				to be in error.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.7 - Grounds for denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Reasons for denial of a data subject's access to records
				  pertaining to him or herself include but are not limited to:
(a) Access to the record is restricted by
				other State or Federal statute. For example, access to client clinical records
				within the scope of section 33.13  of the Mental Hygiene Law shall be
				exclusively governed by such section of the Mental Hygiene Law.
(b) The record is a client record concerning
				mental disability or a medical record to which access is not otherwise required
				by law.
(c) The record was compiled
				for law enforcement purposes and disclosure could:
(1) interfere with law enforcement
				investigations or judicial proceedings;
(2) deprive a person of his or her right to a
				fair trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal nonroutine criminal
				investigative techniques or procedures.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.8 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied access to
				records by the records access officer may, within 30 business days of receipt
				of the denial, appeal such denial to the records access appeals
				officer.
(b) The time for deciding
				on an appeal by the records access appeals officer shall commence upon receipt
				of the written appeal, which shall identify:
(1) the date of the request and the location
				to which it was made;
(2) the
				record to which the requester was denied access; and
(3) the name and return address of the
				requester.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.9 - Procedures governing the correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for
				correction or amendment of records shall:
(1)
				be made in writing; and
(2)
				reasonably describe the record, the amendment or correction desired and the
				justification therefor.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.10 - Procedures governing appeals of denial of correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				who has been denied correction or amendment of records by the records access
				officer may, within 30 business days of receipt of the denial, appeal such
				denial to the records access appeals officer.
(b) The time for deciding on an appeal by the
				records access appeals officer shall commence upon receipt of the written
				appeal, which shall identify:
(1) the date of
				the request and the location to which it was made;
(2) the record to which the requester was
				denied correction or amendment and the requester's justification for
				correction; and
(3) the name and
				return address of the requester.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If any
				provision of this Part or the application thereof to any person or circumstance
				is adjudged invalid by a court of competent jurisdiction, such judgment shall
				not affect or impair the validity of the other provisions of this Part or the
				application thereof to other persons and circumstances.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law › Section 604.12 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Authorized representative.
A person or entity seeking access
				to records pertaining to a data subject pursuant to a written request by, or
				the voluntary written consent of, that data subject.
(b)
Certification (certify).
A statement that the copy is a true copy as attested to, and documented by, the
				signature of the records access officer.
(c)
Data subject.
Any
				natural person about whom personal information has been collected by an
				agency.
(d)
Personal
				information.
Any data concerning a data subject which, because of
				name, number, symbol, mark or other identifier, can be used to identify that
				data subject.
(e)
Records
				access officer.
The records access officer or his or her designee
				shall be the person from whom records may be obtained as listed in section
				604.3 
				of this Part.
(f)
Records
				access appeals officer.
The Counsel for the Office for People With
				Developmental Disabilities.
(g)
Record.
Any item, collection or grouping of personal
				information about a data subject which is maintained and is retrievable by use
				of the name or other identifier of the data subject. The term record shall not
				include personal information not used to make a determination about a data
				subject such as:
(1) a telephone book or
				directory;
(2) a card catalog, book
				or other resource material in any library;
(3) a compilation of information containing
				names and addresses used exclusively for mailing agency information;
(4) personal information required by law to
				be maintained, and required by law to be used, only for statistical research or
				reporting purposes;
(5)
				correspondence files; and
(6)
				information requested by OPWDD which is necessary to answer unsolicited
				requests by the data subject for information.