reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 825 - Integrated Outpatient Services › Section 825.13 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An integrated
				services provider shall maintain a record of all integrated care services
				provided to an individual who is admitted to and treated by such provider, and
				this may be accomplished via a single integrated record for the
				individual.
(b) Regardless of form
				or format, each integrated care services program shall establish a
				recordkeeping system which is maintained in accordance with recognized and
				accepted principles of recordkeeping.
(c) Each integrated care services program
				shall designate a staff member who has overall supervisory responsibility for
				the recordkeeping system. The recordkeeping supervisor shall ensure that:
(1) the integrated care record for each
				patient contains and centralizes all physical and behavioral health information
				which identifies the patient, justifies the treatment and documents the results
				of such treatment;
(2) entries in
				the integrated care record are current, legible to individuals other than the
				author, are authenticated with a signature of the person making the entry,
				date, and time;
(3) handwritten
				entries must be made in permanent, non-erasable blue or black ink or
				typed;
(4) information contained in
				the integrated care record is securely maintained, kept confidential,
				safeguarded from environmental damage, and made available only to authorized
				persons who have a need to know the information; and
(5) when a patient is treated by an outside
				provider, and that treatment is relevant to the patient's care, a clinical
				summary or other pertinent documents are obtained to promote continuity of
				care; if documents cannot be obtained, the reason must be noted in the
				integrated care record.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 825 - Integrated Outpatient Services › Section 825.14 - Application and approval

Current through Register Vol. 46, No. 28, July 10, 2024
Application and approval process.
(a) Providers that possess at least two
				licenses/certificates from at least two separate State licensing agencies and
				are seeking approval to integrate services for which they are licensed or
				certified may submit an application to the State licensing agency of the host
				site.
(b) Applications shall be
				submitted in a format prescribed for all applicants and reviewed by the State
				licensing agency that regulates the services to be added, in conjunction with
				the State licensing agency with authority for the host clinic, as
				appropriate.
(c) Applications shall
				include information needed to demonstrate that the provider is:
(1) licensed or certified by the relevant
				State licensing agencies to provide services for which the provider is seeking
				to integrate;
(2) in compliance
				with all applicable requirements of the relevant State licensing
				agencies;
(3) in good standing at
				the time of application approval. A provider is in good standing if each clinic
				site for which the provider is licensed or certified to offer services:
(i) is licensed by the Office of Mental
				Health and has a one year or greater time frame on operating certificate (Tier
				3 providers are not eligible to participate); and/or
(ii) is certified by the Office of Alcoholism
				and Substance Abuse Services and all of its programs have an operating
				certificate with partial or substantial compliance (two or three years);
				and/or
(iii) has an operating
				certificate from the Department of Health and not currently under any
				enforcement actions;
(4)
				in compliance with the physical plant requirements under this Part;
				and
(5) a member of a health home
				designated by the Commissioner of Health pursuant to section 365-l  of the Social Services
				Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 829 - Authorization For Physicians To Use Controlled Substances For Treatment Of Chemical Dependence (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law,
				  §§19.07[e], 19.09[b], 32.01, 32.05[b], 32.07[a], 32.09[b]; Public
				  Health Law, § 3351 [5]; 10 NYCRR 80.84; § 3502 of Public Law No.
				  106-310, Div. B., Title XXXV @ 3502[a],
				  114
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part are applicable to all OASAS
				  certified, approved or otherwise authorized programs seeking to offer or
				  provide certain services or therapies including, but not limited to,
				  acupuncture and telehealth, or other such services, therapies or program
				  endorsements as may be defined in this Part. Such services may require
				  application for an operating certificate "designation" indicating approval by
				  the Office to provide such services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 1.03 (6) 
				of the Mental Hygiene Law defines "facility" as any place in which services for
				the mentally disabled are provided.
(b) Section 19.07 (c)  of the Mental Hygiene
				Law authorizes the commissioner to adopt standards ensuring the personal and
				civil rights of persons seeking and receiving addiction services, care,
				treatment and rehabilitation are adequately protected.
(c) Section 19.07 (e)  of the Mental Hygiene
				Law authorizes the commissioner to adopt standards including necessary rules
				and regulations pertaining to addiction services.
(d) Section 19.09 (b)  of the Mental Hygiene
				Law authorizes the commissioner to adopt regulations necessary and proper to
				implement any matter under his or her jurisdiction.
(e) Section 19.21(d) of the MHL requires the
				Office to establish reasonable performance standards for providers of services
				certified by the Office.
(f) Section 32.01  of the Mental Hygiene Law authorizes the commissioner to adopt any
				regulation reasonably necessary to implement and effectively exercise the
				powers and perform the duties conferred by Article 32 of the Mental Hygiene
				Law.
(g) Section 32.05(b) of the
				MHL provides that a controlled substance designated by the commissioner of the
				New York State Department of Health (DOH) as appropriate for such use may be
				used by a physician to treat an individual with a substance use disorder
				pursuant to section 32.09(b) of the MHL.
(h) Section 32.07(a) of the MHL authorizes
				the commissioner to adopt regulations to effectuate the provisions and purposes
				of Article 32 of the MHL.
(i)
				Section 32.09(b) of the MHL provides that the commissioner may, once a
				controlled substance is approved by the commissioner of DOH as appropriate for
				such use, authorize the use of such controlled substance in treating an
				individual with a substance use disorder.
(j) Article 160 of the Education Law provides
				for the licensure or certification of acupuncturists and limited practice of
				unlicensed persons in treatment of substance use disorder.
(k) Article 29-G of the Public Health Law
				relates to reimbursement and requirements for health care services delivered
				via "telehealth."
(l) Section 3351 
				of the Public Health Law authorizes the prescribing or dispensing of controlled
				substances for the purposes of substance use disorder treatment.
(m)
									Section 829 of Title 21 of the United States Code governs the law concerning internet prescribing of controlled
				substances.
(n) Article 15 of the
				Executive Law enacts the Human Rights Law prohibiting discrimination against
				protected classes of New Yorkers including on the basis of sexual orientation
				and gender identity or expression.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  following meanings:
(a) "Acupuncture
				therapist" means licensed, certified, or unlicensed clinical staff who have
				documented successful completion of acupuncture training for the treatment of
				substance use disorder in an educational program acceptable to the Education
				Department pursuant to Article 160 of the Education Law.
(b) "Telehealth" means the use of two-way
				real-time interactive telecommunication system for the purpose of providing
				addiction services at a distance.
(c) "Designated program" means a certified,
				approved or otherwise authorized program which has complied with the
				requirements of this Part and any applicable standards and guidance issued by
				the Office and has received an operating certificate designation indicating
				Office approval.
(d) For purposes
				of Telehealth, the following terms shall have the following meanings:
(1) "Distant site" means the site at which
				the practitioner delivering the service is located at the time the service is
				provided via the interactive telecommunications system, which may include the
				practitioner's place of residence, office, or other identified space within the
				United States.
(2) "Originating
				site" means the site at which the patient is located at the time the service is
				being provided via the interactive telecommunications system, which may include
				the patient's place of residence, other identified location, or other temporary
				location out-of-state.
(3)
				"Practitioner" means:
(i) a prescribing
				professional eligible to prescribe buprenorphine pursuant to federal
				regulations;
(ii) other staff
				credentialed or approved by the Office providing addiction services consistent
				with their scope of practice and as authorized pursuant to this Part and
				Article 29G of the public health law.
(4) "Telecommunication system" means a
				dedicated secure interactive audio and/or video linkage system approved by the
				Office to transmit data between an originating and distant site for purposes of
				providing services delivered via telehealth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.4 - Acupuncture therapy

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial services
. Acupuncture may be effective in some
				patients to reduce cravings and relieve anxiety, thereby assisting patients in
				achieving and sustaining recovery from substance use disorder.
(1) Acupuncture shall not be the exclusive
				method of treatment for any patient. In an outpatient program, when acupuncture
				is provided it must be part of an office visit including at least one other
				service.
(2) Acupuncture therapy,
				administered pursuant to this section, may be an initial service provided on
				demand to stabilize and engage a patient during the period of
				treatment/recovery plan development or a service included in and administered
				pursuant to a patient's treatment/recovery plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.5 - Telehealth

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Limitations
.
(1) Services
				delivered via Telehealth, as defined in this Part, may be authorized by the
				Office for the delivery of addiction services provided by practitioners
				employed by, or pursuant to a contract or Memorandum of Understanding (MOU)
				with a program certified by the Office. All services may be delivered via
				telehealth unless otherwise specified by the Office in the Telehealth Standards
				for OASAS Designated Providers, as incorporated in this Title (hereafter the
Telehealth Standards
), posted on the Office website.
(2) The Office supports the use of
				telehealth as an appropriate component of the delivery of addiction services to
				the extent that it is in the best interests of the person receiving services;
				is performed in compliance with applicable federal and state laws and
				regulations, the provisions of this Part, and the
Telehealth
				Standards
in order to address legitimate concerns about privacy,
				security, patient safety, and interoperability; and is delivered by appropriate
				staff working within their scope of practice.
(3) Services may be delivered via telehealth by a practitioner
				from a site distant from the location of the patient, provided both
				practitioner and patient are located in sites approved by the Office pursuant
				to the policies and procedures submitted by a certified program in an
				application for a telehealth designation.
(4) Telehealth does not include an electronic mail message, a text
				message or facsimile transmission between a program and a patient or a
				consultation between two practitioners, although these activities may support
				the delivery of services via telehealth.
(5) An Office certified program must obtain prior written
				authorization from the Office pursuant to this section before implementing
				telehealth service; services shall be limited to those authorized and approved
				by the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.8 - Ancillary Withdrawal Outpatient Designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Intent. Ancillary Withdrawal utilizes
				medication management to address the symptoms of mild to moderate or persistent
				withdrawal in outpatient settings. In combination with other outpatient
				services, Ancillary Withdrawal allows individuals to physically tolerate their
				symptoms while staying in their treatment/recovery community where they can
				continue to build long term support.
(b) Application for Designation.
(1) Providers certified pursuant to Part 822 of this
				Title shall submit a request to the Office Bureau of Certification on the
				Attestation Form for Withdrawal Management Medical protocols at OASAS Certified
				Programs, which can be found on the Office website. On such form providers
				shall attest to compliance with Office issued guidance in the following areas,
				where there are deviations from the Office guidance providers shall submit an
				explanation on said form:
(i) Objective
				monitoring;
(ii) Safety;
(iii) Involvement of medical
				professionals;
(iv) Stabilization of
				medication for addiction treatment;
(v) Patient comfort;
(vi) Level of care assessment; and,
(vii) Transition to continued
				care.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.9 - Open Access Services Designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Intent: Open access services (OAS)
				facilitate on demand access to addiction treatment services. All OAS designated
				providers offer immediate peer services, clinical assessments, connection to
				appropriate level of care, and rapid access to approved medication(s) for
				addiction treatment for substance use disorder.
(b) Application for designation.
(1) Programs certified pursuant to Part 822
				of this Title seeking to implement open access services in accordance with the
Standards for Open Access Services for OASAS Designated Providers
				(hereinafter the OAS Standards)
, incorporated by reference in this
				Title, are eligible to apply for an OAS designation.
(2) Requests for the OAS designation shall be
				in the form of submission of an application, operational plan and evidence of
				provider referral agreements as set forth in the OAS Standards posted on the
				agency website, and submitted by a certified outpatient program to the Office
				Bureau of Certification and the Regional Office serving the area in which the
				applicant site is located. OASAS staff from the Bureau for Addiction Treatment
				and Recovery and the Regional Office may make an on-site visit prior to final
				approval and designation which will be issued by the Bureau of
				Certification.
(3) Office approval
				and operating certificate designation will be based on a review of the
				application, operational plan, and evidence of referral
				agreements.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.10 - Revocation of Designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Failure
				to maintain minimum standards for designation, implementation and/or
				reimbursement may result in disciplinary action against a program's operating
				certificate. In the event the Office determines that a designation must be
				revoked, the Office will notify the program in writing. The program may request
				an administrative review of such decision pursuant to this paragraph.
(i) The program must request such review in
				writing within fifteen (15) days of receipt of the notice of revocation of
				designation. The request shall state the reasons the program considers the
				revocation of designation incorrect and shall include any supporting
				documentation;
(ii) the commissioner
				shall notify the program, in writing, of the results of the administrative
				review within twenty (20) days of receipt of the request for review. Failure to
				notify the program within twenty (20) days shall be deemed confirmation of
				revocation of a designation.
(iii)
				The commissioner's determination after administrative review shall be final and
				not subject to further review.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.11 - 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 held invalid, such invalidity shall not affect
				  other provisions or applications of this Part which can be given effect without
				  the invalid provision or applications, and to this end the provisions of the
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
If the Commissioner gives notice of any action pursuant to
				  provisions of this Chapter for which an opportunity to be heard is provided,
				  the provisions of this Part shall apply. Notice shall include the time within
				  which a hearing must be requested.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.2 - Request for hearing, scheduling and notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the party provided notice as described
				in section
				831.1  of
				this Part desires a hearing, such party shall submit a written request for a
				hearing to the Commissioner within thirty (30) days of the date of mailing of
				the notice.
(b) The Commissioner
				shall acknowledge receipt of a request for a hearing, in writing to the
				requesting party, within twenty (20) days of receipt of such request. Without
				undue delay thereafter, the Commissioner shall provide notice to the requesting
				party of the date and location of the hearing.
(c) Notice of the hearing shall be served on
				the party, either by hand delivery, certified mail or other verifiable written
				communication, at least 10 days before the scheduled hearing date and shall
				specify the time and place of the hearing, the names of the person who will
				conduct the hearing, and include a basis for action taken. If required by law
				or by consent or permission, a written answer shall be provided at least three
				days before the scheduled hearing date.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.3 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each party
				shall have the right to be represented by counsel.
(b) Upon request of any party, the Hearing
				Officer may permit discovery which shall be limited to the production of
				documents and other tangible things.
(c) Any party may request that the Hearing
				Officer recuse themself from the proceeding when the party believes that the
				Hearing Officer has a conflict of interest which would render them unable to
				provide a fair and impartial recommendation to the Commissioner. The Hearing
				Officer's recusal determination shall be final. If a Hearing Officer recuses
				themself, the Commissioner shall appoint a new Hearing Officer and promptly
				reschedule the hearing.
(d) Each
				party shall have the right to present evidence and cross-examine
				witnesses.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.4 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Presentation
				of case.
(1) The Office shall have the right
				to present its case first and shall also have the right to rebuttal, at the
				conclusion of the other party's case, in the course of which any and all
				witnesses and/or other evidence pertinent to the case may be additionally
				presented.
(2) The party requesting
				the hearing shall present its case at the conclusion of the case presented by
				the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.5 - Powers of hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Hearing Officer shall have the power to administer oaths and affirmations,
				issue subpoenas and otherwise control the conduct of the hearing.
(b) The Hearing Officer shall not be bound by
				the rules of evidence observed by courts, except that the rules of privilege
				recognized by law shall be respected.
(c) The Hearing Officer, with the consent of
				all parties, may waive any time requirement provided for in this
				Part.
(d) The Hearing Officer may
				consult on questions of law with the Office's counsel or another designated
				Office attorney, provided that said attorney has not been engaged in
				investigative or prosecutorial functions in connection with the proceeding
				under consideration or a factually related adjudicatory
				proceeding.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.6 - Post-hearing Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Hearing Officer shall fix the time from the date the hearing transcript becomes
				available, within which the parties may provide the Hearing Officer with
				written memoranda in support of their positions.
(b) Within 20 days of the date fixed for
				submission of written memoranda, the Hearing Officer shall submit a final
				report of findings and recommendations to the Commissioner with the entire
				record of the hearing.
(c) The
				Commissioner shall render a final decision in writing within 10 days of receipt
				of the Hearing Officer's report. In the event that the Commissioner renders a
				final decision that conflicts with the Hearing Officer's recommendations, the
				Commissioner shall set forth the reasons for the decision.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.7 - Verbatim record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A verbatim
				record of the hearing shall be made by whatever means the Office deems
				appropriate.
(b) A transcription of
				the hearing shall be made available to any party requesting it upon payment of
				the cost of transcription by the requesting party. If more than one party
				requests the transcript, the cost will be allocated among the
				parties.
(c) The Office may waive
				the transcript cost upon a showing of hardship by the requesting party.
				Requests for transcripts and for waiver of transcript costs must be made in
				writing to the Commissioner and must be submitted no later than the first day
				of the hearing.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.8 - Hearing record

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing record shall consist of the notice of proposed
				  action, the request for the hearing, the notice of hearing, motions submitted
				  and rulings thereon, the transcription of the testimony taken at the hearing,
				  exhibits, stipulations and memoranda of law filed in connection with the
				  hearing, the Hearing Officer's report of findings and recommendations to the
				  Commissioner, and the Commissioner's final ruling.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.9 - Administrative appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where an
				opportunity for an administrative appeal is afforded pursuant to the provisions
				of this Chapter, the provisions of this section shall apply.
(b) All requests for administrative appeals
				shall be in writing and delivered by certified mail, return receipt requested,
				to the Commissioner within thirty (30) days of receipt of the applicable agency
				decision.
(c) A request for an
				administrative appeal shall include a written detailed statement of the factual
				issues in dispute.
(d)
				Administrative appeals shall be based upon the written submissions of the party
				requesting the appeal and any relevant agency documentation. The burden of
				proof on appeal shall be on the party requesting the appeal to demonstrate that
				the agency's action is not in conformance with the applicable statutes or
				regulations.
(e) A conference
				including all relevant parties may be held at the sole discretion of the
				Commissioner.
(f) Within thirty
				(30) business days of receipt of the request for administrative appeal, or
				within fifteen (15) days after the conference as set forth in subdivision (e)
				of this section, the Commissioner will issue a final determination in writing.
				Formal notification of the determination shall be sent to the party requesting
				the appeal by certified mail, return receipt requested.
(g) The determination after administrative
				review of the appeal shall be final and is not subject to further
				administrative review.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 831 - Appeals, Hearings, And Rulings › Section 831.10 - Declaratory Rulings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				section 204 of the administrative procedure law, persons may petition the
				Office for a declaratory ruling on the applicability of any regulation or
				statute enforceable by the Office. The Office may issue a declaratory ruling
				with respect to:
(1) the applicability to any
				person, property or state of facts of any regulation or statute enforceable by
				the Office, or;
(2) whether any
				action by the Office should be taken pursuant to a rule.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The intent
				of this Part is to establish minimum standards for incident management programs
				of any chemical dependence or compulsive gambling service provider certified,
				licensed, funded or operated by the Office of Alcoholism and Substance Abuse
				Services (OASAS or "Office"). Incident management programs are intended to
				strengthen and standardize the safety net for vulnerable persons such as those
				receiving services in the OASAS system, to bolster the ability of service
				providers and the Office to respond more effectively to abuse and neglect
				allegations and other significant incidents, to ensure that individuals with
				regular contact with patients are aware of their statutory obligations to
				adhere to a code of conduct including mandated reporting of certain incidents,
				and to prevent the recurrence of types of incidents in order to enhance the
				quality of care and provide every individual receiving services with humane
				treatment and a safe environment.
(b) The purpose of an incident management
				program is to ensure a comprehensive strategy for:
(1) identifying, documenting, reporting, and
				investigating incidents on a timely basis;
(2) identifying incident patterns from the
				compilation and analysis of incident data;
(3) reviewing incidents and/or patterns to
				identify preventive or corrective action;
(4) implementing preventive and corrective
				action plans;
(5) monitoring
				incident management practices;
(6)
				coordinating reporting, investigation, and responding to significant incidents
				and allegations of abuse and neglect with the Office, the Justice Center for
				the Protection of People with Special Needs ("Justice Center"), and the
				Vulnerable Persons' Central Register (hereinafter, "Vulnerable Persons'
				Register" or "VPCR").
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to facilities and provider agencies
				  certified, licensed, funded, or operated by the Office, and custodians thereof
				  in the following manner:
(a)
				Facilities and provider agencies certified, licensed or operated by the Office
				are subject to the jurisdiction of the Justice Center and shall follow
				provisions consistent with Justice Center law and regulations; and
(b) Providers funded, but not certified or
				licensed, by the Office are subject to the provisions of this Part solely
				applicable to such providers as indicated herein.
(c) To the extent that federal requirements
				conflict with any of the provisions in this Part, the federal requirements
				shall supersede the conflicting provisions in this Part with respect to any
				such facility or provider agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless otherwise indicated, the terms
				  listed below shall have the following meanings:
(a)
(1)
				"Incident" means an event or happening, accident or injury during the conduct
				of any program activity which involves a client, a custodian, or damage to the
				facility in which the program operates and which has, or may have, an adverse
				or endangering effect on the life, health or welfare of clients or custodians
				and is required to be reported, investigated and recorded to designated parties
				according to Article eleven of the social services law and procedures approved
				by the Office, reviewed by an Incident Review Committee, and acted upon in an
				appropriate manner to safeguard the well-being of clients and custodians and to
				bring the matter to closure.
(2)
				Incidents are either "reportable" to the Justice Center or
				"nonreportable."
(3)
				"Non-reportable" incidents need not be reported to the Justice Center, or if
				they are reported may be determined as not within the jurisdiction of the
				Justice Center; nevertheless, these incidents may require documentation in a
				patient's clinical record or as an incident related to the program or facility
				which must be maintained by the service provider for review by the provider's
				Incident Review Committee, or by the Office or the Justice Center, upon
				request.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.5 - Incident management plan and incident review committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing authority of every facility
				or provider agency certified, licensed, funded, or operated by the Office must
				establish and maintain written policies and procedures constituting an incident
				management program for responding to, reporting, investigating and evaluating
				incidents. All incident management programs are subject to review by the Office
				and must be consistent with patient rights provisions of Part 815 of this Title
				and with the requirements of the Justice Center.
(b) At a minimum, an incident management
				program must be consistent with Justice Center Incident Reporting regulations
				and incorporate the following:
(1)
				identification of staff responsible for administration of the incident
				management program;
(2) provisions
				for annual review by the governing authority;
(3) specific internal recording and reporting
				procedures applicable to all incidents observed, discovered or
				alleged;
(4) procedures for
				monitoring overall effectiveness of the incident management program;
(5) minimum standards for investigation of
				incidents observed, discovered or alleged, including, but not limited to:
(i) physical or medical examination, as
				indicated by circumstances; name of examiner; written findings;
(ii) identification and interviews with any
				witnesses (interviews conducted separately by qualified, objective persons);
				written documentation of such interviews;
(iii) review of pertinent physical evidence;
				documentation (photos, expert assessments) and retention by facility Incident
				Review Committee, facility executive or other appropriate person;
(iv) documentation of investigative steps
				taken.
(6) procedures
				for the implementation of corrective action plans if required;
(7) establishment of an Incident Review
				Committee pursuant to subdivision (f) of this section;
(8) required periodic training in mandated
				reporting obligations of custodians and the Justice Center code of conduct, in
				addition to any other training as may be required by the Office and consistent
				with Justice Center regulations;
(9) provision for retention of records,
				review and release pursuant to Justice center regulations and section 33.25  of the mental hygiene law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.6 - Incident reporting, notice, and investigations in facilities and provider agencies certified, licensed or operated by the Office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise indicated herein, all
				reportable incidents as defined in this Part shall be reported to the
				Vulnerable Persons' Register.
(b) A
				custodian of any service provider who personally observes, is advised of, or
				otherwise becomes aware of an incident must take immediate and appropriate
				action to intervene and attempt to prevent or limit injury or potential injury
				to any person to the greatest extent possible.
(c) In accordance with a provider's incident
				management program, a written incident report must be initiated or a call made
				by a mandated reporter as defined in this Part to the Vulnerable Persons'
				Register toll-free hotline immediately after a reportable incident is
				discovered.
(1) Every mandated reporter who
				has direct knowledge of an incident and has reasonable cause to suspect that a
				person receiving services has been subjected to a reportable incident is
				required to make a report to the VPCR unless:
(i) he or she has actual knowledge that the
				reportable incident has been reported to the VPCR; and
(ii) that he or she has been named as a
				person with knowledge of the incident in such prior report.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.7 - Incident reporting, notice, and investigations in programs funded but not certified or licensed by the Office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prevention programs and other services
				funded, but not certified or licensed by the Office, shall report incidents to
				the Office, and not the Justice Center. Reports shall be made to the OASAS
				bureau of Patient Advocacy. The initial report of such an incident, in such a
				program, must, at a minimum, contain:
(1) The
				exact date and time of the incident if known; and
(2) a description of the incident, including
				location, and actions taken in response to it; and
(3) the name(s), address(es), and telephone
				number(s) of the victim(s), witness(es), and any other persons involved;
				and
(4) the presence of injuries,
				if any, and first aid provided to address such injuries.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.8 - Additional notice and reporting requirements for reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to the
				provisions of 42 CFR Part 2, in addition to any other notice provisions
				required in this Part, notification of reportable incidents involving a client
				must be made pursuant to section 33.23  of the Mental Hygiene Law by the
				director or designee to the client's family or significant other, designated
				emergency contact, or other qualified person. Such notification must be made by
				telephone or secure electronic method immediately after an incident is
				discovered.
(b) If it appears that
				a crime may have been committed against any custodian or service recipient, the
				provider must immediately make such reports as are necessary to provide
				notification to the appropriate law enforcement agency of the incident. A
				provider may disclose client-identifying information to the appropriate law
				enforcement agency only when such disclosure:
(1) is directly related to a client's
				commission of a crime on the premises of the program or a threat to commit such
				a crime; and
(2) is limited to the
				circumstances of the incident, including the status of the individual
				committing or threatening to commit the crime, and such individual's name and
				address.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.9 - Recordkeeping and release of records to qualified persons

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A copy of each incident report including
				identifying information must be kept on file at the program for a minimum of
				six (6) years and must be subject to inspection and review by the Office or the
				Justice Center.
(b) Copies of the
				minutes and summaries of the Incident Review Committee must be kept on file at
				the program for a minimum of six (6) years and must be subject to inspection
				and review by the Office or the Justice Center.
(c) Subject to the provisions of 42 CFR Part
				2, records and reports released in accordance with this Part shall be released
				to qualified persons pursuant to subdivision (b) of section 33.23  of the Mental Hygiene Law, section 33.25  of the Mental Hygiene Law, and shall
				include a statement that such records and reports shall not be further
				disseminated by the recipient except as provided by law.
(d) Subject to the provisions of 42 CFR Part
				2, upon the written request of a qualified person, the director of the program
				must:
(1) promptly provide to such qualified
				person a copy of the written incident report, provided the names and other
				personally identifying information of clients and employees shall not be
				included unless such clients and employees authorize such disclosure;
(2) offer to hold a meeting with such
				qualified person to further discuss the incident; and
(3) provide such qualified person with a
				written report on the actions taken to address the incident within 10 days of
				discovery of the incident;
(4)
				release, within 21 days of the conclusion of any investigation, records and
				documents pertaining to allegations and investigations into client abuse or
				mistreatment at a program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.10 - Duty to cooperate and inspection of facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to the provisions of 42 CFR Part
				2, as part of an investigation of abuse or neglect, a service provider must
				cooperate with any investigation or inspection conducted by the Office or the
				Justice Center, or any representative thereof to the extent necessary to carry
				out the functions, power, and duties of the Justice Center. Such cooperation
				shall include at a minimum to allow the Office and/or the Justice Center to
				inspect its facility and all relevant books, data and records, including but
				not limited to, client or resident records, kept by such provider, to submit to
				the Justice Center any relevant records requested pursuant to Justice Center
				regulations, and to interview and examine any client or resident at its
				facility except that no such client or resident shall be examined without their
				consent. Such data includes:
(i) for the
				subject of an investigation of abuse or neglect, the alleged subject's name,
				date of birth, social security number or alien registration number, physical or
				residential address and, if different, his or her mailing address;
(ii) for a service recipient alleged to be
				the victim of an allegation of abuse or neglect, the alleged victim's date of
				birth and mailing address; whether the alleged victim is a self-advocate or has
				a personal representative as defined in this Part and the mailing address of
				any such personal representative.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.11 - 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 held invalid, such invalidity shall not affect
				  other provisions or applications of this Part that can be given effect without
				  the invalid provision or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 839 - Standards For Alcoholism Facilities To Participate In The Medicaid Program (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law, §§
										19.07, 
				  19.09, 
				  31.04, 
				  31.23,  31.24,
				  43.02
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 840 - Rates Of Reimbursement-alcoholism Facilities (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law, §§
										19.07, 
				  19.09, 
				  31.04, 
				  31.23,  31.24,
				  43.02
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of this Part is to establish standards for reimbursement and participation in
				the Medical Assistance Program, as authorized by title 11 of article 5 of the
				Social Services Law, for services provided by addiction services providers
				certified or co-certified by the Office. This Part does not apply to programs
				dually licensed by Article 28 of the public health law and Article 32 of the
				mental hygiene law.
(b) The
				payments determined under the standards and methods established by this Part
				are intended to be reasonable and adequate to meet the costs that must be
				incurred by efficiently and economically operated programs in order to provide
				addiction services in conformity with applicable State and Federal laws,
				regulations and safety standards.