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 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental Hygiene Law authorizes the Commissioner to adopt
				standards including necessary rules and regulations pertaining to addiction
				services.
(b) Section 19.09 (b)  of
				the Mental Hygiene Law authorizes the Commissioner to adopt regulations
				necessary and proper to implement any matter under their
				jurisdiction.
(c) Section 19.15 (e) 
				of the Mental Hygiene Law authorizes the Commissioner to implement programs of
				children and youth.
(d) Section 19.40  of the Mental Hygiene Law authorizes the Commissioner to issue operating
				certificates for the provision of addiction services.
(e) 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.
(f) Section 32.07 (a)  of the Mental Hygiene
				Law authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of Article 32 of the Mental Hygiene Law.
(g) Section 32.09  of the Mental Hygiene Law
				authorizes the Commissioner to issue operating certificates for services that
				treat individuals with a substance use disorder.
(h) Section 3309  of the Public Health Law
				authorizes the DOH to establish standards for approval of any opioid overdose
				prevention program.
(i) Article 27F
				of the Public Health Law defines the rules governing HIV testing and treatment
				in New York.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.2 - General program standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Policies and procedures.
The program governing authority must
				approve written policies, procedures and methods governing the provision of
				services that are strength-based, person centered and trauma informed to
				patients in compliance with Office regulations including a description of each
				service provided and the overall approach to service delivery and a description
				of evidence-based practices employed in group, individual and family treatment.
				Such policies and procedures shall address, at a minimum, the following:
(1) procedures and specific criteria for
				admission, retention, transfer, referrals and discharge;
(2) level of care determinations utilizing
				the OASAS level of care determination protocol, treatment/recovery plans, and
				placement services;
(3) staffing,
				including but not limited to, training, supervision, and use of student
				interns, peers, and volunteers;
(4)
				the provision of medical and psychiatric services, including screening and
				referral for associated physical or mental health conditions;
(5) a schedule of fees for services
				rendered;
(6) infection control
				procedures;
(7) cooperative
				agreements with other substance use disorder services providers and other
				providers of services that the patient may need;
(8) compliance with other requirements of
				applicable local, state and federal laws and regulations, OASAS guidance
				documents and standards of care regarding, but not limited to:
(i) education, counseling, prevention and
				treatment of communicable diseases, including viral hepatitis, sexually
				transmitted infections and HIV/AIDS; regarding HIV, such education, counseling,
				prevention and treatment shall include condom use, testing, pre- and
				post-exposure prophylaxis and treatment;
(ii) the use of toxicology tests as
				clinically appropriate; and
(iii)
				medication and the use of medication for addiction treatment;
(iv) if acupuncture is provided it must be
				provided in accordance with Part 830 of this Title;
(v) the use of a problem gambling screen
				approved by OASAS.
(9)
				record keeping procedures which ensure that documentation is accurate, timely,
				prepared by appropriate staff, and in conformance with the federal
				confidentiality regulations contained in 42 Code of Federal Regulations Part 2;
				and
(10) Utilization review and
				quality improvement. All programs must have a utilization review process, a
				quality improvement committee, and a written plan that identifies key
				performance measures.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.3 - Admission procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial determination.
(1)An individual who appears at the service seeking treatment or
				evaluation shall have an initial determination made and documented in a written
				record by a qualified health professional, or other clinical staff under the
				supervision of a qualified health professional, which states the following:
(i) that the individual is documented as less
				than twenty-one (21) years of age on the date of admission and appears to be in
				need of substance use disorder services;
(ii) that the individual appears to be free
				of serious communicable diseases that can be transmitted through ordinary
				contact; and
(iii) that the
				individual appears not to be in need of acute hospital care, acute psychiatric
				care, Part 816 crisis services or other services which cannot be provided in
				conjunction with treatment at the facility or would prevent them from
				participating in substance use disorder treatment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.4 - Post Admission Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Post-admission.
(1) As soon
				as possible after admission, for all patients, all programs must:
(i) offer viral hepatitis testing; testing
				may be done on site or by referral;
(ii) offer HIV testing; testing may not be
				conducted without patient written informed consent except in situations
				specifically authorized by law; testing may be done on site or by referral;
				individuals on a regimen of pre- or post-exposure prophylaxis, must be
				permitted to continue the regimen until consultation with the prescribing
				professional occurs.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.5 - Treatment / recovery plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Treatment / recovery plan.
Each patient must have a written
				patient-centered treatment/recovery plan developed by clinical staff and
				patient as soon as possible after admission but not later than ten (10)
				calendar days after admission. Standards for developing a treatment/recovery
				plan include, but are not limited to:
(1) The
				treatment/recovery plan must also be developed in consultation with the
				patient's parent or guardian unless the minor is being treated without parental
				consent as authorized by Mental Hygiene Law section 22.11.
(2) For patients moving directly from one
				program to another, the existing treatment/recovery plan may be used if there
				is documentation that it has been reviewed and, if necessary, updated within
				ten (10) days of transfer.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.6 - Patient records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Patient Records.
(1)
				Programs must maintain individual patient records for each patient served.
				Patient records are confidential and may only be disclosed in conformity with
				federal regulations regarding the confidentiality of records related to persons
				receiving treatment for substance use disorder as set forth in 42 Code of
				Federal Regulations Part 2, or other applicable state and federal
				laws.
(2) There shall be a single
				individual record for each person admitted to the program which shall include,
				at a minimum:
(i) identifying information
				about the patient and their family;
(ii) the source of referral, date of
				commencing service and name of primary counselor;
(iii) the admission diagnosis, including
				substance use related, medical, and psychiatric diagnoses in official
				nomenclature with associated diagnostic codes;
(iv) reports of all evaluations performed,
				including findings and conclusions;
(v) reports of all examinations performed,
				including but not limited to X-rays, clinical laboratory tests, clinical
				psychological tests, electroencephalograms, and psychometric tests;
(vi) the written and signed individual
				treatment plan, including all reviews and updates;
(vii) progress notes informative of the
				patient's condition and response to treatment, written and signed by staff
				members;
(viii) summaries of case
				conferences, treatment plan updates, and special consultations and
				communications held;
(ix) dated and
				signed prescriptions or orders for all medications with notation of termination
				dates;
(x) the discharge and level
				of care transitions plan;
(xi) any
				other documents or information regarding the patient's condition, treatment,
				and results of treatment; and
(xii)
				signed forms consenting to treatment and for obtaining or releasing
				confidential information in accordance with 42 Code of Federal Regulations Part
				2 or other applicable law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.7 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Medical
				Director and medical staff.
(1) The
				medical director, as defined in Part 800 of this Title, shall oversee the
				development and revision of medical policies, procedures and ongoing training
				for matters such as routine medical care, specialized services, and medical and
				psychiatric emergency care, and supervision of medical staff.
(2) Programs providing treatment for persons
				with co-existing medical or psychiatric conditions in addition to their
				substance use disorder shall have an appropriately qualified physician,
				physician assistant, nurse practitioner, psychiatrist or psychologist on-site
				or through telehealth, pursuant to Part 830 of this Title, for a sufficient
				number of hours each week to provide evaluation, treatment and supervision of
				such other services for these patients.
(3) There shall be at least one full-time
				registered professional nurse and additional licensed practical nurses,
				registered nurses, registered physician's assistants, and nurse practitioners
				sufficient to provide the services required. Such personnel shall be available
				to all patients at all times.
(4)
				The medical director may also serve as a physician of another service which is
				provided by the facility. The general severity of the condition of the
				population served, including comorbid conditions, complications and general
				functioning, may indicate the need for staff in addition to those identified in
				this section.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.8 - 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 provision or applications of this Part which 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 817 - Substance Use Disorder Residential Rehabilitation Services for Youth (RRSY) › Section 817.9 - Savings and renewal clause

Current through Register Vol. 46, No. 28, July 10, 2024
Any operating certificate issued by the Office prior to the
				  promulgation of this Part for the operation of a program subject to regulations
				  of the former Part 818 shall remain in effect until the term of such operating
				  certificate has been renewed or such operating certificate is suspended or
				  revoked through process of law, at which time any recertification of such
				  program or renewal of such operating certificate shall be pursuant to the
				  provisions of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental Hygiene Law authorizes the Commissioner to adopt
				standards including necessary rules and regulations pertaining to substance use
				disorder services.
(b) 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.
(c) Section 19.40  of
				the Mental Hygiene Law authorizes the Commissioner to issue operating
				certificates for the provision of substance use disorder services.
(d) Section 32.01  of the Mental Hygiene Law
				authorizes the 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.
(e)
				Section 32.07 (a)  of the Mental Hygiene Law authorizes the Commissioner to adopt
				regulations to effectuate the provisions and purposes of Article 32 of the
				Mental Hygiene Law.
(f) Section 3309  of the Public Health Law authorizes the DOH to establish standards for
				approval of any opioid overdose prevention program.
(g) Article 27f of the Public Health Law
				defines the rules governing HIV testing and treatment in New York.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.2 - General service standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Policies and procedures.
The program governing authority must
				approve written policies, procedures and methods governing the provision of
				strength based, person centered, trauma informed services to patients in
				compliance with Office regulations including a description of each service
				provided and a description of evidence-based practices employed in all aspects
				of service delivery including but not limited to group, individual and family
				treatment. Such policies and procedures shall address, at a minimum, the
				following:
(1) procedures and specific
				criteria for admission, retention, transfer, referrals and discharge;
(2) level of care determinations utilizing
				the OASAS level of care determination protocol, treatment/recovery plans, and
				placement services;
(3) staffing,
				including but not limited to, training, supervision, and use of student
				interns, peers, and volunteers;
(4)
				the provision of medical and psychiatric services, including screening and
				referral for associated physical or mental health conditions;
(5) a schedule of fees for services
				rendered;
(6) infection control
				procedures;
(7) cooperative
				agreements with other substance use disorder service providers and other
				providers of services that the patient may need;
(8) compliance with other requirements of
				applicable local, state and federal laws and regulations, OASAS guidance
				documents and standards of care regarding, but not limited to:
(i) education, counseling, prevention and
				treatment of transmissible infections, including viral hepatitis, sexually
				transmitted infections and HIV; regarding HIV, such education, counseling,
				prevention and treatment shall include condom use, testing, pre- and
				post-exposure prophylaxis and treatment;
(ii) the use of toxicology tests as
				clinically appropriate; and
(iii)
				medication and the use of medication for addiction treatment;
(iv) if acupuncture is provided it must be
				provided in accordance with Part 830 of this Title;
(v) the use of a problem gambling screen
				approved by OASAS.
(9)
				record keeping procedures which ensure that documentation is accurate, timely,
				prepared by appropriate staff, and in conformance with the federal
				confidentiality regulations contained in 42 Code of Federal Regulations Part 2;
				and
(10) Utilization review and
				quality improvement. All programs must have a utilization review process, a
				quality improvement process, and a written plan that identifies key performance
				measures.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.3 - Admission procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Admission requirements for all programs.
(1) The admission assessment or decision to admit must
				include identification of initial services needed until the development of the
				treatment/recovery plan.
(2) Unless
				otherwise authorized, the program must document that the individual is
				determined to have a substance use disorder based on the criteria in the most
				recent version of the Diagnostic and Statistical Manual (DSM) or the
				International Classification of Diseases (ICD);
(3) The decision to admit an individual must
				be made by a clinical staff member who is a qualified health professional and
				must be documented by the dated signature (physical or electronic signature) of
				the qualified health professional and include the basis for admitting the
				patient.
(4) An individual who
				appears at the inpatient program seeking or having been referred for treatment
				or evaluation shall have an initial determination made and documented in a
				written record by a qualified health professional, or other clinical staff
				under the supervision of a qualified health professional, which states that the
				individual appears to not need acute hospital care, acute psychiatric care, or
				other intensive services which cannot be provided in conjunction with inpatient
				care or which would prevent them from participating in substance use disorder
				treatment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.4 - Post-admission procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Post-admission.
(1) As soon
				as possible after admission, for all patients, all programs must:
(i) offer viral hepatitis testing; testing
				may be done on site or by referral;
(ii) offer HIV testing; testing may not be
				conducted without patient written informed consent except in situations
				specifically authorized by law; testing may be done on site or by referral;
				individuals on a regimen of pre- or post-exposure prophylaxis, must be
				permitted to continue the regimen until consultation with the prescribing
				professional occurs.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.5 - Treatment / recovery plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Treatment / recovery plan.
(1) Each patient must have a written person-centered
				treatment/recovery plan developed by clinical staff and patient no later than
				seven (7) calendar days after admission. Standards for developing a
				treatment/recovery plan include, but are not limited to:
(2) If the patient is a minor, the
				treatment/recovery plan must also be developed in consultation with the
				patient's parent or guardian unless the minor is being treated without parental
				consent as authorized by Mental Hygiene Law section 22.11.
(3) For patients moving directly from one
				program to another, the existing treatment/recovery plan may be used if there
				is documentation that it has been reviewed and, if necessary, updated within
				twenty-four (24) hours of transfer.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.6 - Patient Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Patient Records.
(1)
				Inpatient programs must maintain individual patient records for each patient
				served. Patient records maintained by inpatient programs are confidential and
				may only be disclosed in accordance with federal regulations regarding the
				confidentiality of records related to persons receiving treatment for substance
				use disorder as set forth in 42 Code of Federal Regulations Part 2, or other
				applicable state and federal laws.
(2) There shall be a single individual patient record for each
				person admitted to the inpatient program which shall include, at a minimum:
(i) identifying information about the
				patient and their family;
(ii) the
				source of referral, date of commencing service and name of primary
				counselor;
(iii) the admission
				diagnosis, including substance use related, medical, and psychiatric diagnoses
				in official nomenclature with associated diagnostic codes;
(iv) reports of all evaluations performed,
				including findings and conclusions;
(v) reports of all examinations performed, including but not
				limited to X-rays, clinical laboratory tests, clinical psychological tests,
				electroencephalograms, and psychometric tests;
(vi) the written and signed individual treatment/recovery plan,
				including all reviews and updates;
(vii) progress notes informative of the patient's condition and
				response to treatment, written and signed by staff members;
(viii) summaries of case conferences,
				treatment plan updates, and special consultations held;
(ix) dated and signed prescriptions or
				orders for all medications with notation of termination dates;
(x) the discharge plan;
(xi) any other documents or information
				regarding the patient's condition, treatment, and results of treatment;
				and
(xii) signed forms consenting
				to treatment and for obtaining or releasing confidential information in
				accordance with 42 Code of Federal Regulations Part 2 or other applicable law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.7 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Medical
				Director and medical staff.
(1) The
				medical director, as defined in Part 800 of this Title, shall oversee the
				development and revision of medical policies, procedures and ongoing training
				for matters such as routine medical care, specialized services, and medical and
				psychiatric emergency care, and supervision of medical staff.
(2) Programs providing treatment for persons
				with co-existing medical or psychiatric conditions in addition to their
				substance use disorder shall have an appropriately qualified physician,
				physician's assistant, nurse practitioner, psychiatrist or psychologist on-site
				or through telepractice, pursuant to Part 830 of this Title, providing coverage
				as adequate and necessary to provide evaluation, treatment and supervision of
				such other services for these patients.
(3) There shall be at least one full-time registered professional
				nurse and additional licensed practical nurses, registered nurses, registered
				physician's assistants, and nurse practitioners sufficient to provide the
				services required. Such personnel shall be available to all patients at all
				times.
(4) The medical director
				may also serve as a physician of another service which is provided by the
				facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.8 - 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 provision or applications of this Part which 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 818 - Chemical Dependence Inpatient Rehabilitation Services › Section 818.9 - 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 provision or applications of this Part which 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 819 - Chemical Dependence Residential Services › Section 819.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental Hygiene Law authorizes the Commissioner to adopt
				standards including necessary rules and regulations pertaining to substance use
				disorder services.
(b) Section 19.09 (b)  of the Mental Hygiene Law authorizes the Commissioner to adopt
				regulations necessary and proper to implement any matter under their
				jurisdiction.
(c) Section 19.40  of
				the Mental Hygiene Law authorizes the Commissioner of the Office to issue
				operating certificates for the provision of substance use disorder
				services.
(d) Section 32.01  of the
				Mental Hygiene Law authorizes the Commissioner of the Office to adopt any
				regulation reasonably necessary to implement and exercise effectively the
				powers and perform the duties conferred by Article 32 of the Mental Hygiene
				Law.
(e) Section 32.07 (a)  of the
				Mental Hygiene Law authorizes the Commissioner of the Office to adopt
				regulations to effectuate the provisions and purposes of Article 32 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 819 - Chemical Dependence Residential Services › Section 819.4 - Admission procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Admission requirements for all programs.
(1)
				The admission assessment or decision to admit must include identification of
				initial services needed until the development of the treatment/recovery
				plan.
(2) Unless otherwise
				authorized, the program must document that the individual is determined to have
				a substance use disorder based on the criteria in the most recent version of
				the Diagnostic and Statistical Manual (DSM) or the International Classification
				of Diseases (ICD), as incorporated by reference in Part 800 of this
				Title.
(3) The decision to admit an
				individual must be made by a clinical staff member who is a qualified health
				professional and must be documented by the dated signature (physical or
				electronic) of the qualified health professional and include the basis for
				admitting the individual.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.5 - Post admission procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon
				as possible after admission, if not completed already, all programs must:
(1) offer viral hepatitis testing (testing
				may be done by referral);
(2) offer
				HIV testing (testing may not be conducted without a resident's written informed
				consent in accordance with public health law and may be done on site or by
				referral). Residents on a regimen of pre- or post- exposure prophylaxis must be
				permitted to continue the regimen until consultation with the prescribing
				professional occurs.
(3) Screen for
				co-occurring mental health conditions and behavioral health risks, including
				suicide risk, using validated screening instruments approved by the
				Office.
(4) If clinically
				appropriate, all programs must:
(i) conduct a
				blood-based tuberculosis test (testing may be done on site or by referral with
				results as soon as possible after testing); residents with a positive test
				result should be referred for further tuberculosis evaluation;
a. an intradermal PPD may be placed in those
				circumstances when a blood-based tuberculosis test cannot be performed unless
				the patient is known to be PPD positive;
b. PPD placement may done on site with
				medical staff interpreting the results or by referral with results as soon as
				possible after testing
(ii) offer testing for other sexually
				transmitted infections (testing may be done on site or by referral);
(iii) offer immunizations either on site or
				by referral;
(iv) offer pregnancy
				tests to persons of childbearing potential (testing may be done on site or by
				referral);
(v) provide or recommend
				any other tests the examining physician or other medical staff member working
				within their scope of practice deems necessary including, but not limited to,
				an ECG, a chest X-ray or other diagnostic tests.
(5) As soon as possible after testing,
				programs must review and discuss any blood, urine, and skin test results, ECG
				results, chest X-ray results, or other diagnostic test results where applicable
				with the residents.
(6) Any
				significant medical issues, including risk of transmissible infections,
				identified prior to or after admission must be addressed in the
				treatment/recovery plan and documented in the resident's record.
				Treatment/recovery plans must include provisions for the prevention, care, and
				treatment of HIV, viral hepatitis, tuberculosis, sexually transmitted
				infections, and other infectious diseases when present. If a resident chooses
				not to obtain such care and treatment, the provider must have the resident
				acknowledge in writing that such care and treatment were offered and
				declined.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.6 - Record keeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Substance
				Use Disorder residential services must maintain individual records for each
				resident served. These resident records must, at a minimum, include the
				information required in this Part, as well as the source of referral,
				documentation of any case conferences or case reviews, reports of other
				evaluations and case consultations, medical orders, if applicable, and consent
				forms.
(1) the resident record shall include
				documentation that the resident and their family/significant other(s) were
				offered overdose prevention education, naloxone education and training, and a
				naloxone kit or prescription.
(i)
				documentation should include the reasons why overdose prevention education,
				naloxone education and training, and a naloxone kit or prescription were not
				offered, if applicable, or the reasons why the resident and their family
				members/significant other(s) declined overdose prevention education, naloxone
				education and training, and a naloxone kit or
				prescription.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.7 - Quality improvement and utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each substance use disorder residential
				service shall establish and implement a quality improvement plan and
				utilization review plan in accordance with this section. The utilization review
				requirement may be met by the following:
(1)
				the service may perform its utilization review process internally; or
(2) the service may enter into an agreement
				with another organization, competent to perform utilization review, to complete
				its utilization review process.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.8 - General staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				Staffing Requirements.
(1) Former residents.
				Staff members shall not be former residents who recently have received
				treatment in the program and/or who have completed the program less than one
				year prior to their employment application, per guidance and standards issued
				by the Office.
(2) Adequate
				coverage. There shall be sufficient staff to ensure that there is adequate
				coverage of all critical tasks necessary to the safe care of residents in the
				program, per guidance and standards issued by the Office.
(i) Residents in the program shall not be
				asked or required to perform staff duties. For valid therapeutic reasons and
				when included in the treatment/recovery plan, residents may be asked to perform
				certain duties under the direct supervision of staff members, in accordance
				with guidance and standards issued by the Office.
(a) Residents shall not operate motor
				vehicles belonging to the program under any circumstances.
(b) Residents shall not serve as overnight
				awake staff.
(ii)
				Programs shall have arrangements with outside entities such as staffing
				agencies to ensure adequate staffing coverage during times of staff
				shortages.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.9 - Additional requirements for intensive residential rehabilitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Admission
				criteria. In addition to the admission criteria applicable to residential
				services generally, an individual admitted to intensive residential
				rehabilitation services must meet the following criteria:
(1) The individual must have demonstrated an
				inability to participate in treatment outside of a twenty-four hour setting as
				indicated by one or more of the following:
(i) recent unsuccessful attempts at
				abstinence; or
(ii) substantial
				limitations in functional skills evidencing the need for extensive habilitation
				or rehabilitation in order to achieve lasting recovery in an independent
				setting.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.10 - Additional requirements for community residential services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Admission
				criteria. In addition to the admission criteria applicable to residential
				services generally, an individual admitted to community residential services
				must meet the following criteria:
(1) The
				individual must be homeless or must have a living environment not conducive to
				recovery.
(2) The individual must
				be determined to need outpatient treatment services and/or other support
				services such as vocational or educational services, in addition to the
				residential services provided by the community residence.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.11 - Additional requirements for supportive living services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Admission criteria. In addition to the
				admission criteria applicable to residential services generally, an individual
				admitted to a supportive living service must meet the following criteria:
(1) the individual requires support of a
				residence that provides a substance-free environment;
(2) the individual requires the peer support
				of fellow residents to maintain abstinence;
(3) the individual does not require
				twenty-four hour a day on-site supervision by clinical staff; and
(4) the individual exhibits the skills and
				strengths necessary to maintain recovery and readapt to independent living in
				the community while receiving the minimal clinical and peer support provided by
				this residential environment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 819 - Chemical Dependence Residential Services › Section 819.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part which can be given effect without
				  the invalid provisions 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 820 - Residential Services › Section 820.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental Hygiene Law authorizes the Commissioner to adopt
				standards including necessary rules and regulations pertaining to addiction
				services.
(b) 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.
(c) Section 19.40  of
				the Mental Hygiene Law authorizes the Commissioner to issue operating
				certificates for the provision of addiction services.
(d) 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.
(e) Section 32.07 (a)  of the Mental Hygiene
				Law authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of article 32 of the Mental Hygiene Law.
(f) Article 27F of the Public Health Law
				defines the rules governing HIV testing in New York.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 820 - Residential Services › Section 820.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any program certified by the office pursuant to this Part to provide
				residential services. These services are designed to help persons who lack a
				safe and supportive residential option in the community to achieve changes in
				their substance use disorder ("SUD") behaviors within a safe and supportive
				setting. Such services shall be strength based, person centered and trauma
				informed and may focus treatment on one or more of the following
				treatment/recovery elements: stabilization, rehabilitation, or community
				reintegration in congregate or scatter-site settings and may be provided
				directly on program site or through cooperative relationships with other
				service providers. Clinical services in residential programs are delivered on
				an individual or group basis in a variety of settings.
(b) Residential substance use disorder (SUD)
				services include medically necessary care and supportive services both on and
				off-site according to assessed needs including:
(1) assessment and clinical
				treatment/recovery plan or service plan development;
(2) skill development for coping with and
				managing symptoms and behaviors associated with SUDs;
(3) counseling to address a beneficiary's
				major lifestyle, attitudinal, and behavioral problems; and
(4) medication for addiction treatment for
				substance use disorder when medically necessary.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 820 - Residential Services › Section 820.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise indicated, the following terms shall be
				  applicable to all programs certified pursuant to this Part.
(a) "Residential services" are 24/7
				structured treatment/recovery services in a residential setting provided by
				office certified programs to persons recovering from substance use disorder.
				Services correspond to elements in the treatment/recovery process and are
				distinguished by the configuration of services, staffing patterns, degree of
				dysfunction of the individual served in each setting, and patient readiness to
				transition to a less restrictive program or element of treatment/recovery.
				Certified residential programs may provide residential services corresponding
				to one or more of the following elements of the treatment/recovery process:
(1) stabilization;
(2) rehabilitation;
(3) reintegration in congregate or
				scatter-site settings.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 820 - Residential Services › Section 820.4 - Assignment of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Programs
				will be certified for a maximum number of beds for a certified capacity. The
				level of care is attributed to the patient based on a patient-centered
				assessment and the OASAS level of care for alcohol and drug treatment referral
				protocol based on individual risk and resources. Programs will be certified
				pursuant to Part 810 of this Title for residential services and will have noted
				on the operating certificate each of the services (stabilization,
				rehabilitative and/or reintegration) approved for delivery at the certified
				residential site.
(b) Bed
				distribution will be determined by patient population demand. At any given
				time, the bed type is defined by the element of care to which the patient has
				been assigned. Distribution of bed types will not be fixed; however, the
				program must meet OASAS reporting requirements for transitions from one element
				of care to the next.
(c) All
				programs must submit an application with specific staffing structure, treatment
				approach, and other policies and procedures as requested by the Office for each
				element of residential services the program intends to provide. Upon approval
				of the application the service to be provided will be approved and designated
				on the residential program's operating certificate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 820 - Residential Services › Section 820.5 - General program standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policies
				and procedures. The program governing authority must approve written policies,
				procedures, and methods governing the provision of services in compliance with
				office regulations including a description of each service provided. These
				policies, procedures, and methods must address, at a minimum:
(1) admission and discharge, including
				transfer and referral procedures;
(2) treatment/recovery plans, including
				service plans where appropriate;
(3) staffing including, but not limited to,
				training and use of student interns, peers and volunteers, and compliance with
				Part 805 of this Title;
(4)
				screening and referral procedures for associated physical or psychiatric
				conditions;
(5) a schedule of fees
				for services rendered;
(6) infection
				control procedures;
(7) cooperative
				agreements with other substance use disorder service providers and other
				providers of services a resident may need;
(8) compliance with other requirements of
				applicable local, state and federal laws and regulations, OASAS guidance
				documents and standards of care regarding, but not limited to:
(i) education, counseling, prevention and
				treatment of transmissible infections, including viral hepatitis, sexually
				transmitted infections and HIV; regarding HIV, such education, counseling,
				prevention and treatment shall include condom use, testing, pre-and
				post-exposure prophylaxis and treatment;
(ii) medication for addiction
				treatment;
(9) the use of
				alcohol and other drug screening tests, such as breath testing, urine
				screening;
(10) procedures for the
				ordering, procuring, and disposing of medication, as well as the
				self-administration of medication;
(11) quality improvement and utilization
				review;
(12) procedures for
				emergencies;
(13) incident reporting
				and review in accordance with Part 836 of this Title;
(14) record keeping;
(15) procedures whereby required educational
				services are provided for school age children who are in residence as either an
				individual who is receiving treatment or as part of a family unit;
(16) procurement, storage, preparation of
				food and nutritional planning;
(17)
				records retention. Case records must be retained for ten years after the date
				of discharge or last contact, or three years after the patient reaches the age
				of 18, whichever time period is longer.