reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.5 - Public disclosure bar motions

Current through Register Vol. 46, No. 28, July 10, 2024
The State shall not seek to dismiss, and shall oppose the
				  dismissal, of a
qui tam
action pursuant to paragraph (b) of
				  subdivision nine of section 190 of the New York False Claims Act in the event
				  that:
(a) any cause of action in the
qui tam
plaintiff's complaint would be dismissed other than a
				cause of action alleging substantially the same allegations or transactions
				that have been publicly disclosed in a manner set forth in such paragraph (b);
				or
(b) any cause of action in the
qui tam
plaintiff's complaint would be dismissed pursuant to
				subparagraph (ii) of such paragraph (b) solely because of an alleged public
				disclosure in a Federal report, hearing, audit, or investigation.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.6 - Application of the damage multiplier

Current through Register Vol. 46, No. 28, July 10, 2024
The State or a local government's damages shall be trebled or
				  doubled pursuant to section 189 of the New York False Claims Act before any
				  subtractions are made for compensatory payments received by the government from
				  any source, including but not limited to the defendant, or before any
				  subtractions are otherwise made because of any offset or credit received by the
				  government from any source, including but not limited to the
				  defendant.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.7 - Obligations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
				paragraph (g) of subdivision one of section 189 of the New York False Claims
				Act, an "obligation" can be an obligation of any person and does not have to be
				an obligation of the person who knowingly makes, uses, or causes to be made or
				used, a false record or statement material to such obligation to pay or
				transmit money or property to the State or a local government.
(b) For purposes of paragraph (h) of
				subdivision one of section 189 of the New York False Claims Act, an
				"obligation" can be an obligation of any person and does not have to be an
				obligation of the person who knowingly conceals or who knowingly and improperly
				avoids or decreases such obligation to pay or transmit money or property to the
				State or a local government, or who conspires to do the same.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.8 - Payment of costs and attorneys' fees

Current through Register Vol. 46, No. 28, July 10, 2024
A person who violates section 189 of the New York False
				  Claims Act shall be liable for the costs, including attorneys' fees, of a civil
				  action brought to recover penalties or damages. Such person shall pay all costs
				  borne by the State, a local government, a
qui tam
plaintiff,
				  or counsel, as may be applicable. All such costs shall be awarded directly
				  against the defendant and shall not be charged from the proceeds, but shall
				  only be awarded if the State, local government or a
qui tam
plaintiff prevails in the action.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter I - General › Part 9 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 9.1 - Part 100 of title 22 of official compilation of codes, rules and regulations adopted and incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the rules governing procedure under article
				  730 of the Criminal Procedure Law adopted by the Judicial Conference and
				  appearing as Part 100 of Title 22 (Judiciary) of the Official Compilation of
				  Codes, Rules and Regulations of the State of New York are hereby adopted and
				  incorporated in Appendix 12 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter I - General › Part 9 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 9.2 - Hospitals certified for examinations of defendants in criminal proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
[Additional statutory authority: Mental Hygiene Law,
				  §9.01 ] Pursuant to section 730.20  of the Criminal Procedure Law and
				  22 NYCRR 100.2(b), as adopted by section
				  9.1 
				  of this Title, the following hospitals are certified as having adequate
				  facilities to examine a defendant to determine if he is an incapacitated
				  person:
(a) Bellevue Hospital Center,
				New York, New York
(b) Binghamton
				Psychiatric Center, Binghamton, New York
(c) Buffalo Psychiatric Center, Buffalo, New
				York
(d) Central Islip Psychiatric
				Center, Central Islip, New York
(e)
				City Hospital Center at Elmhurst, Elmhurst, New York
(f) Edward J. Meyer Memorial Hospital,
				Buffalo, New York
(g) Gowanda
				Psychiatric Center, Helmuth, New York
(h) Grasslands Hospital, Valhalla, New
				York
(i) Harlem Valley Psychiatric
				Center, Wingdale, New York
(j)
				Hudson River Psychiatric Center, Poughkeepsie, New York
(k) Kings County Hospital Center, Brooklyn,
				New York
(l) Kings Park Psychiatric
				Center, Kings Park, New York
(m)
				Marcy Psychiatric Center, Marcy, New York
(n) Meadowbrook Hospital, East Meadow, New
				York
(o) Middletown Psychiatric
				Center, Middletown, New York
(p)
				Pilgrim Psychiatric Center, West Brentwood, New York
(q) Rochester Psychiatric Center, Rochester,
				New York
(r) Rockland Psychiatric
				Center, Orangeburg, New York
(s)
				St. Lawrence Psychiatric Center, Ogdensburg, New York
(t) Richard H. Hutchings Psychiatric Center,
				Syracuse, New York
(u) Utica
				Psychiatric Center, Utica, New York
(v) Willard Psychiatric Center, Willard, New
				York
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  contains regulations governing admission and retention of full-time inpatients
				  or residents in hospitals, schools and alcoholism facilities, as such terms are
				  defined in the Mental Hygiene Law.
(b) Each patient shall have a preliminary
				  physical examination upon admission and a comprehensive physical and mental
				  examination within 48 hours after admission to the facility, excluding weekends
				  and holidays. In addition, an initial assessment should be made at the time of
				  admission of those social and economic factors which will impede and those
				  which will facilitate the patient's discharge and a tentative plan of action
				  should be formulated. This should include information about the patient's minor
				  children, their number, age and whereabouts, if applicable, and appropriate
				  action should be taken if there is a question about their welfare.
(c) Except as otherwise provided, patients
				  and residents may be admitted to facilities only on the forms and in accordance
				  with the procedures prescribed by the commissioner. Detailed admission
				  procedures are included in the following manuals issued and periodically
				  revised for particular groups of facilities by the department.
(1) The Department Policy
				  Manual[FN*]
(2) The Manual of
				  Medical Administrative Procedures--State Hospitals*
(3) The Manual of Medical Administrative
				  Procedures--State Schools*
(4)
				  Medical Records Manual*
(5) The
				  Policy and Reporting Manual for Psychiatric Hospitals*
(6) The Policy and Reporting Manual for
				  Residential Treatment Facilities for the Retarded*
(7) The Policy and Reporting Manual for
				  Psychiatric Units*
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.2 - Personal property of a patient

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Admission and treatment procedures must be designed to minimize the perception
				  of being estranged from the rest of the community, to eliminate any
				  depersonalizing or degrading procedures, and to maximize the patient's
				  self-esteem. This would include, but not be limited to, patients maintaining
				  possession of their own clothing and personal belongings unless contraindicated
				  for health or safety reasons.
(b)
				  All personal property, including money, shall remain in the possession of
				  patients unless they appear incapable of caring for them or wish to turn over
				  such personal property for safekeeping. In such cases, all money received and
				  held for a patient, and any interest accrued on said money, shall be held in
				  trust on his or her behalf. Patients shall be advised that they are responsible
				  for all personal property and money they choose to retain.
(c) The director of a facility may take
				  temporary custody of a patient's personal property which is turned over to him
				  by family, friends or other persons. In such a case, the director shall issue a
				  receipt to the person turning over said possessions as well as to the
				  patient.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.3 - Information to be given patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  person admitted to a facility shall be informed by an appropriate staff member,
				  at the time of admission, of the character and class of the facility.
(b) Each patient shall be given notice of his
				  or her status and rights at the time of admission to the facility in accordance
				  with the procedures in the above-mentioned manuals. Patients unable to read
				  written notice of status and rights shall have same read and explained to them
				  by an appropriate staff member in an appropriate language.
(c) Patients shall be reinformed of their
				  status and rights as required by law in accordance with procedures in the
				  manuals hereinbefore mentioned. Facility staff members shall provide such
				  information about a patient's status and rights at other times upon
				  request.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.4 - Admission and retention of certain nonobjecting mentally retarded persons by schools

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons so
				  seriously mentally retarded that they do not have sufficient understanding to
				  be suitable for voluntary admission, and who do not object thereto, may be
				  admitted to and retained in a school in accordance with section 33.25  of the Mental Hygiene Law and the
				  procedures established thereunder.
(b) A mentally retarded person admitted to a
				  school on a voluntary basis on his own application or involuntarily on medical
				  certification shall not subsequently be converted to nonobjecting status.
(1) A mentally retarded person admitted to a
				  school as a voluntary resident upon application of a parent or guardian (minor
				  voluntary) may be converted to nonobjecting status when he or she reaches 18
				  years of age and is otherwise appropriate for nonobjecting status.
(2) This section shall not prevent the
				  conversions to nonobjecting status of residents admitted in accordance with
				  former sections 123 and 124 of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.5 - Informal admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner hereby approves all State hospitals and all facilities certified
				  in the hospitals class to receive persons suitable therefor on an informal
				  basis.
(b) Any suitable person over
				  16 years of age in need of care and treatment requesting admission may be
				  admitted on an informal basis.
(c)
				  A copy of the notice of status and rights given to a person admitted on an
				  informal basis shall be sent to the Mental Health Information Service. The copy
				  of such notice of a person admitted to a general hospital psychiatric unit need
				  not contain the patient's name but, if it does not, it shall include
				  identification of the patient by number and room or ward location to enable the
				  Mental Health Information Service representative to contact him
				  readily.
(d) Form 473 DMH,
				  Acceptance of Informal Admission,is prescribed for use in State and private
				  hospitals. If such form is not used in a general hospital, the patient's record
				  shall clearly show that the patient has been admitted on an informal basis and
				  document the patient's suitability therefor.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.6 - Limitations on use of consecutive two-physician certificate admission

Current through Register Vol. 46, No. 28, July 10, 2024
A patient admitted to a hospital upon an application and
					 certificate of two physicians, pursuant to section 31.27  of the Mental Hygiene Law, may be
					 continued in such hospital upon another two-physician certification pursuant to
					 such section only upon condition that an application be made, within 72 hours
					 of the filing of such second application, for a court order, pursuant to
					 section 31.33  of the Mental Hygiene Law,
					 authorizing continued retention of such patient. If application for such court
					 order is not made within 72 hours, the patient shall be
					 discharged.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.7 - Request for court authorization to retain a voluntary patient

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a voluntary patient requests his
				  release and there are reasonable grounds for belief that the patient may be in
				  need of involuntary care and treatment, the director may retain the patient for
				  72 hours.
(b) Before the expiration
				  of such 72-hour period, the director shall cause the patient to be examined by
				  two physicians, or one physician and one psychologist if the patient is a
				  resident in a school, who shall report their findings and conclusions
				  separately to the director, and he shall either release the patient or apply to
				  a court for an order authorizing the involuntary retention of such patient. The
				  reports and certificates of the two examining physicians, or physician and
				  psychologist, shall be submitted to the court as part of any such
				  application.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 15 - Admission And Retention Of Patients › Section 15.8 - Involuntary admission on the certificate of a director of community services or his designee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				  of any facility in the hospital class, upon application by a director of
				  community services or an examining physician duly designated by him, may
				  receive and care for in such hospital as a patient any person who, in the
				  opinion of the director of community services or his designee, has a mental
				  illness for which immediate inpatient care and treatment in a hospital is
				  appropriate and which is likely to result in serious harm to himself or others.
				  The need for immediate hospitalization shall be confirmed by a staff physician
				  of the hospital prior to admission.
(b) If such a patient is to be retained
				  beyond 72 hours of admission, excluding Sundays and holidays, and does not
				  agree to remain as a voluntary patient, the certificate of another examining
				  physician shall be obtained. Such additional examining physician shall be a
				  psychiatrist who need not necessarily be on the staff of the hospital.
				  Psychiatrist, for purposes of this section, shall mean certified as a
				  psychiatrist, or eligibility for such certification, by the American Board of
				  Psychiatry and Neurology or certified as a qualified psychiatrist by the
				  commissioner.
(c) No person
				  disqualified by section 31.05  of the Mental Hygiene Law from
				  acting as an examining physician for the admission of a patient shall be
				  eligible to service as the additional examining physician for this type of
				  admission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 17 - Transfer Of Patients › Section 17.1 - Who may request transfer

Current through Register Vol. 46, No. 28, July 10, 2024
A patient may be transferred from one inpatient facility to
					 another inpatient facility of the same class by order of the commissioner upon
					 written request for such order by the patient or any other interested
					 party.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 17 - Transfer Of Patients › Section 17.2 - Content of request

Current through Register Vol. 46, No. 28, July 10, 2024
The written request for an order of transfer shall state or
					 include:
(a) The reasons for the
				  request; indicating how the patient will benefit from the transfer.
(b) The name and address of the person
				  requesting the transfer and his relationship to the patient.
(c) The name of the facility to which the
				  transfer is proposed, and the written consent of the director of such facility
				  to the transfer.
(d) The age of the
				  patient. In the case of a voluntary patient under 18 years of age if the
				  request for transfer is not made by his parent or legal guardian, the request
				  shall include the written consent of the parent or guardian unless the patient
				  was admitted on his own motion in which case his written consent must be
				  obtained.
(e) The legal admission
				  status of the patient.
(1) If the patient is
				  voluntary or informal and is not requesting the transfer, the request shall
				  include his written consent.
(2) If
				  the patient is involuntary or non-objecting, the proposed transfer shall be
				  discussed with the patient. No request shall be made by the facility if the
				  patient objects unless he has had the opportunity to appeal the decision to the
				  director. The request shall state that the patient does not object or the
				  result of any appeal.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 17 - Transfer Of Patients › Section 17.3 - Issuance of order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				  commissioner or his designee is satisfied of the need for the transfer, he
				  shall issue an order to the sending facility.
(b) Such order shall require the facility to
				  transfer the patient along with the original of the admission paper and the
				  case record.
(c) Notice of transfer
				  must be sent by the sending facility to the nearest relative and the Mental
				  Health Information Service. If the patient is under 21 years of age and the
				  transfer is to be made without the written consents of both the patient and
				  parent or legal guardian, such notice shall be provided to the Mental Health
				  Information Service at least three days prior to the transfer.
(d) The terms of the order shall be carried
				  out as soon as possible.
(e) The
				  duplicate of the order must be filed in the sending facility.
(f) The director of the receiving facility
				  shall, within three days after the patient is received, notify the department
				  of the fact and the date thereof but a copy of the admission paper need not
				  accompany the notice.
(g) When
				  patients are transferred from one facility in the department to another, the
				  sending facility shall see that the patient has suitable clothing appropriate
				  to the sex, age and condition of the patient and the season of the
				  year.
(h) With the participation of
				  the patient, the facility shall determine who may accompany a woman patient who
				  is being transported to or from a facility. In permitting a woman or the
				  patient's father, husband, brother or son to accompany her, the team must
				  ascertain that there are no contraindications to granting such
				  permission.
(i) The transfer may be
				  effected by the patient's family or friends, the receiving facility or other
				  interested party. In the event that such arrangement cannot be made the sending
				  facility shall effect the transfer through its own resources.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 17 - Transfer Of Patients › Section 17.4 - Approval of transfer without order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner hereby approves
				  transfers without order from any facility in the department to any other
				  facility in the department for a period of 30 days for patients in need of
				  special medical or surgical care available in the receiving facility. Such
				  transfers shall be reported to the department as directed.
(1) Such transfers shall continue beyond 30
				  days between two facilities in different classes only with the approval of the
				  commissioner based on a request for extension showing:
(i) The physical diagnosis or condition which
				  required the original transfer.
(ii) A summary of the treatment provided and
				  its effect.
(iii) A plan for
				  continued treatment to be provided and its goals.
(iv) A statement indicating why the required
				  treatment cannot be provided at the original facility.
(v) A statement indicating how services for
				  the mentally disabled are being provided.
(vi) The additional period during which the
				  transfer without order is to be continued.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 17 - Transfer Of Patients › Section 17.5 - Transfer of patients admitted in accordance with section 31.39 of the mental hygiene law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A patient
				  admitted to a hospital in accordance with section 31.39 of the Mental Hygiene
				  Law may be admitted to another hospital pursuant to the provisions governing
				  involuntary admission on application supported by medical certification without
				  the necessity of obtaining an order of transfer.
(b) No patient shall be transferred from one
				  hospital to another as described in subdivision (a) of this section unless the
				  Mental Health Information Service is provided with prior notice of the proposed
				  movement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 17 - Transfer Of Patients › Section 17.6 - Other orders of transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner may order the transfer of any patient or group of patients on his
				  own motion when warranted by the condition of the patient or the ability of the
				  facility to provide adequate care and treatment for such patient or
				  patients.
(b) The receiving
				  facility shall take all necessary actions to regularize the legal status of any
				  such patients retained by it.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.1 - Legal basis

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is designed to implement subdivision 3 of section 508  of the Correction Law which provides for
					 the treatment and hospitalization of mentally ill prisoners in jails, other
					 than prisoners serving sentence.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Director of
				  community mental health services means the director of community services as
				  defined in the Mental Hygiene Law and is the person responsible for the
				  administration of community mental health and mental retardation services in a
				  county or in the City of New York, whether known or referred to as director,
				  commissioner or otherwise; and in the City of New York such term shall mean the
				  Commissioner of Mental Health and Mental Retardation Services of such
				  city.
(b) Director when used in
				  connection with a hospital means the person in charge of the facility, whether
				  known or referred to as director, superintendent or otherwise.
(c) Prisoner means a person confined in a
				  jail either in a civil case or upon a criminal charge. It does not include a
				  prisoner serving a sentence of imprisonment.
(d) Hospital or psychiatric hospital means a
				  hospital for the care or treatment of the mentally ill as defined by the Mental
				  Hygiene Law.
(e) Warden means the
				  person in charge of a jail whether known or referred to as warden, sheriff,
				  jailer, or otherwise.
(f) Mental
				  illness shall mean an affliction with a mental disease or mental condition
				  which is manifested by a disorder or a disturbance in behavior, feeling,
				  thinking, or judgment to such an extent that the person afflicted requires care
				  and treatment.
(g) In need of
				  involuntary care and treatment shall mean that a person has a mental illness
				  for which care and treatment as a patient in a hospital is essential to such
				  person's welfare and whose judgment is so impaired that he is unable to
				  understand the need for such care and treatment.
(h) Likelihood to result in serious harm
				  shall mean
(1) substantial risk of physical
				  harm to himself as manifested by threats of or attempts at suicide or serious
				  bodily harm or other conduct demonstrating that he is dangerous to himself
				  or
(2) a substantial risk of
				  physical harm to other persons as manifested by homicidal or other violent
				  behavior by which others are placed in reasonable fear of serious physical
				  harm.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.3 - Notification to appropriate director of prisoner's need for hospitalization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a jail
				  physician and a warden certify in writing that a prisoner in a jail is in such
				  a state of mental health that he is in need of involuntary care and treatment
				  and that, in their opinion, the prisoner should be removed to a psychiatric
				  hospital for treatment, the warden shall immediately notify the director of
				  community mental health services of the county or city where the jail is
				  located. Such notification shall be in writing or, if given by telephone or
				  orally, shall be confirmed in writing. A copy of the certification shall be
				  filed at the jail and a copy shall accompany the notification.
(b) If there is no such director of community
				  mental health services, notification shall be given to the director of a
				  hospital operated by local government within such county or city that has been
				  certified by the Commissioner of Mental Hygiene as having adequate facilities
				  to examine defendants pursuant to article 730 of the Criminal Procedure Law
				  (see section
				  9.2 
				  of this Title). If there is no such hospital in the county or city in which the
				  jail is located, the notification shall be given to the director of the State
				  hospital operated by the Department of Mental Hygiene serving the county in
				  which the jail is located.
In accordance with the requirement of section
						508.(3)(b)(i) of the Correction Law, the Judicial Conference has approved
						section 18.3  of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.4 - Examination and hospitalization of prisioners

Current through Register Vol. 46, No. 28, July 10, 2024
The director or director of community mental health
					 services who has received a notice in accordance with the foregoing section, if
					 licensed to practice medicine in the State of New York, or someone designated
					 by him who is so licensed shall forthwith examine the prisoner. If the
					 determination upon such examination is that the prisoner is in need of
					 involuntary care and treatment, the appropriate application and medical
					 certificates required by section 31.27  of the Mental Hygiene Law shall be
					 completed. The prisoner shall then be taken immediately to an appropriate
					 hospital for admission pursuant to such law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.5 - Emergency hospitalization

Current through Register Vol. 46, No. 28, July 10, 2024
If the warden shall certify, with a copy of the
					 certification to be filed at the jail, that a prisoner appears to have a mental
					 illness which is likely to result in serious harm to himself or others and for
					 which care in a psychiatric hospital is appropriate, admission to a hospital
					 shall be obtained in the following manner:
(a) Pursuant to the provisions for emergency
				  admission authorized by sections 31.37 or 31.39 of the Mental Hygiene Law,
				  the director of community mental health services or his designee, when notified
				  by the warden, shall obtain the immediate hospitalization of such a prisoner
				  if, after examination of the prisoner, it is his opinion that the prisoner has
				  a mental illness for which immediate inpatient care and treatment in a hospital
				  is appropriate and which is likely to result in serious harm to himself or
				  others. The jail physician, if otherwise qualified, may be such a
				  designee.
(b) If the director of
				  community mental health services or a designee thereof is not available to make
				  a decision with respect to immediate hospitalization of a prisoner, a peace
				  officer of the State, town, village, county or city who is a member of the
				  State police or of an authorized police department or force or of a sheriff's
				  department shall, pursuant to section 31.41 of the Mental Hygiene Law, remove
				  such prisoner, if the prisoner appears to such peace officer to be mentally ill
				  and is conducting himself in a manner which is likely to result in serious harm
				  to himself or others, to a hospital approved by the Commissioner of Mental
				  Hygiene to receive and retain patients pursuant to section 31.39 of the Mental
				  Hygiene Law (for a list of approved facilities, see subdivision [e] of section
				  15.9  of this
				  Title). Upon admission of the prisoner to a hospital pursuant to such sections
				  of law, the warden shall notify the director or director of community mental
				  health services who has been given notification pursuant to section
				  18.3 
				  of this Part, the prisoner's attorney and, if information about the family is
				  available, the prisoner's family.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.6 - Applicability of mental hygiene law

Current through Register Vol. 46, No. 28, July 10, 2024
The admission and retention of the prisoner in a hospital
					 shall be subject to the provisions of articles 29 and 31 of the Mental Hygiene
					 Law, including, but not limited to, the confirmation of need for admission,
					 notice, hearing, review and judicial approval of continued retention and notice
					 to and access to the Mental Health Information Service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.7 - Guarding of prisoner

Current through Register Vol. 46, No. 28, July 10, 2024
While the prisoner is in the hospital, he shall remain in
					 the custody under sufficient guard of the warden of the jail from which he
					 came, unless custody is transferred to the Office of Mental Health pursuant to
					 an agreement between the warden and the Commissioner of Mental
					 Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.8 - Return of prisoner to jail

Current through Register Vol. 46, No. 28, July 10, 2024
A prisoner admitted to a hospital pursuant to this Part
					 shall be returned to the jail when it is determined that he is no longer in
					 need of involuntary care and treatment, unless, subject to the approval of the
					 court, the prisoner voluntarily agrees to continuation of care and treatment.
					 Such continuation of treatment on a voluntary basis shall be subject to these
					 regulations and to all the provisions of the Mental Hygiene Law applicable to
					 voluntary patients.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.9 - Notification to court of incapacity of prisoner

Current through Register Vol. 46, No. 28, July 10, 2024
If the director of a hospital in which a prisoner is
					 hospitalized pursuant to this Part has reason to believe that the prisoner may
					 be an incapacitated defendent as defined in article 730 of the Criminal
					 Procedure Law, the director shall so notify the court in which the criminal
					 charges are pending.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter A - Admission And Transfer Of Patients › Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails › Section 18.10 - Pending criminal process

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall affect:
(a) the course of the pending criminal
				  process involving a prisoner being treated pursuant to this Part or,
(b) any obligation of the warden or other
				  official to return the prisoner to court in the course of such criminal process
				  or,
(c) any right of the prisoner
				  to be returned to court.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 22 - Service Of Legal Process And Execution Of Instruments By Patients › Section 22.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following terms shall
					 have the designated meaning:
(a)
				  Facility shall mean a hospital, school, or alcoholism facility, as such terms
				  are defined in the Mental Hygiene Law, for the inpatient care and treatment of
				  the mentally ill, the mentally retarded, or the alcoholic.
(b) Private facility shall mean a facility
				  which requires an operating certificate from the Commissioner of Mental
				  Hygiene.
(c) Patient shall mean a
				  person receiving services in a facility. It includes a resident in a
				  school.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 22 - Service Of Legal Process And Execution Of Instruments By Patients › Section 22.2 - Service of legal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				  or officer in charge of a facility shall not permit the service of any legal
				  process upon any patient except upon an order of a New York State court of
				  record or of a Federal court, which order shows that the court had notice of
				  the fact that the person sought to be served was on the date of the order a
				  patient in such facility. The foregoing rule shall not apply to service of the
				  following legal papers, which may be made upon patients without court order:
(1) citations issued by the Surrogate's Court
				  for probate of wills, letters of administration and for final accounting; and
				  for appointment of guardians for mentally-retarded persons;
(2) notice of petition for appointment of a
				  committee or conservator, and notice of final accounting of committee or
				  conservator.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 22 - Service Of Legal Process And Execution Of Instruments By Patients › Section 22.3 - When patient may sign legal instrument

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No patient shall be permitted to sign any
				  bill, check, draft or other evidence of indebtedness, to make a will, or to
				  execute any contract, deed, mortgage, or other legal conveyance, until after
				  the director or officer in charge of the facility has made a determination that
				  the patient has the mental capacity and willingness to execute the instrument.
				  The facts and circumstances surrounding such transaction, including the
				  document to be executed by the patient shall be carefully scrutinized by the
				  director or officer in charge who shall also interview or cause the patient to
				  be interviewed by a staff physician for the purpose of determining:
(1) whether the patient has sufficient mental
				  capacity to understand the transaction and does understand the nature and
				  consequences of his act in executing and issuing the instrument, and
(2) whether the patient is willing to sign
				  and execute the instrument.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 22 - Service Of Legal Process And Execution Of Instruments By Patients › Section 22.4 - Posting notice of regulation

Current through Register Vol. 46, No. 28, July 10, 2024
The director or officer in charge shall conspicuously post
					 copies of this Part in the general reception room, visiting rooms and
					 administrative offices of each facility and elsewhere, where it will be seen by
					 the general public.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all facilities operated by, or
					 receiving an operating certificate from, the Department of Mental
					 Hygiene.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Patient means
				  any person receiving services for mental disability and includes inpatient,
				  outpatient, resident, client or any other term used to describe a person
				  receiving such services.
(b) Each
				  facility shall provide patients with rehabilitation services which will
				  optimize the physical, psychological, social and vocational development of each
				  patient with a view to meaningful employment.
(1) The objective shall be to assist every
				  patient to move as far as possible toward independent living through the
				  development of:
(i) self-skills;
(ii) social competence, including
				  communication skills; and
(iii)
				  vocational competence.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.2 - Patients involved in work activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No patient shall be required to perform any tasks involved in training, work
				  training or work, except in relation to his or her personal care and
				  possessions. Each patient shall be given written notice and oral explanation as
				  necessary that he or she may not be required to work if he or she chooses not
				  to. Patients may agree voluntarily to engage in work in the facility only as
				  provided in this Part.
(b) Any
				  patient who engages in training involving work, work training, or work in a
				  facility shall be informed, orally and in writing, of his/her rate of pay, pay
				  period, the methods of determining total pay, deductions from total pay and
				  reasons therefor.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.3 - Prevocational training and evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prevocational training is the process of
				  developing the patient's functional competence to be able to participate
				  effectively in vocational training or work. This process includes the
				  development of appropriate attitudes toward work, social and personal habits
				  necessary to job performance and interactions with coworkers, and physical
				  skills and performance necessary to the performance of job tasks. Prevocational
				  evaluation is the process of identifying and assessing an individual's assets,
				  interests and limitations and developing from them appropriate vocational goals
				  and objectives and means for their attainment.
(b) Prevocational training and evaluation may
				  include performance of work tasks without compensation which would otherwise
				  require compensation provided that:
(1)
				  patient participation in such activities is voluntary;
(2) the work tasks are part of an overall
				  plan designed and implemented to increase work readiness and training
				  potential; and
(3) work tasks are
				  directed and supervised in accordance with the patient's overall service
				  plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.4 - Vocational training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vocational
				  training is the process of providing a patient with job training through on-
				  and off-job instructions and performance of actual work tasks designed and
				  supervised to increase the patient's ability to work.
(b) No patient may participate in work
				  involved in vocational training unless the facility has first obtained a
				  Federal Labor Department certificate. This certificate is issued by the
				  Facilities Division of the Office of Vocational Rehabilitation of the New York
				  State Education Department as an agent of the Federal Labor Department and any
				  such participation shall be in accordance with the terms and conditions of the
				  certificate.
(c) Compensation for
				  work performed in vocational training shall be paid in accordance with the
				  terms and conditions of the certificate.
(d) Facilities shall provide or arrange for
				  the provision of relevant services for the mentally disabled for patients
				  involved in vocational training as provided in this section as necessary to
				  their total habilitation or rehabilitation.