New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a)
Facility
means any place
				  in which services for the mentally disabled are provided. It includes
				  residential and nonresidential facilities, except as the context indicates
				  otherwise.
(b)
Patient
means a person receiving services for the mentally
				  disabled at a facility. It includes a resident at a school.
(c)
Research
includes, but
				  is not limited to, any use of experimental drugs or treatment procedures as
				  defined in section
				  27.10 
				  of this Part.
(d)
Sterilization
means any procedure or operation, the primary
				  purpose of which is to render an individual permanently incapable of
				  reproducing and which is not a necessary part of the treatment of a physical
				  illness or injury.
(e)
Integrated residential community
means a program that is
				  certified by OPWDD as a residential program and is recognized by OPWDD as a
				  service delivery alternative. In order to be considered an integrated
				  residential community, the following criteria shall be met:
(1) The program shall be required to utilize
				  a live-in staffing pattern, which promotes full and active interactions,
				  between staff and clients, minimizes disruptions in clients' lives, and
				  maximizes the stability of the residence. Not only are staff required to live
				  with developmentally disabled clients, but the facility should be the staff
				  person's primary domicile. The program is required to have disabled and
				  nondisabled individuals working together. Staff are expected to actively
				  participate in all aspects of daily living with clients interacting with them
				  on a 24-hour, continual basis to provide a home community for both clients and
				  staff.
(2) Developmentally disabled
				  persons shall be integrated into most aspects of the program's operation.
				  Developmentally disabled persons shall not do more work or specific kinds of
				  work than are done by program, support or administrative staff. The environment
				  shall be one of shared activities and mutual interdependence among disabled
				  persons, program staff and administrators.
(3) The residence, the corporate entity
				  and/or program's principles of care must be recognized as providing exemplary
				  and excellent levels of care through evidence of national or international
				  awards, testimonies and/or letters of reference from recognized persons in the
				  MR/DD or government fields, or as recognized in the scholarly
				  literature.
(4) The majority of
				  staff directly or indirectly caring for the clients and administering the
				  residence should be unsalaried.
(5)
				  The residence shall demonstrate that it actually does provide excellent care,
				  or for new residences, could provide such care on behalf of client growth and
				  dignity, at a public cost lower than other programs serving a similar client
				  population. The residence shall be able to demonstrate that services, care, and
				  nuturance are given in such a way as to maximize each client's development and
				  the quality of his or her life.