New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 671 - HCBS Waiver Community Residential Habilitation Services for Persons with Developmental Disabilities › Section 671.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				establishes standards for the delivery of community residential habilitation
				services (see section
				671.5  of this
				Part) to persons (see glossary) with developmental disabilities (see glossary)
				who require such services in order to assist the person to reach his/her best
				possible functional level and/or to prevent the loss of skills or capacity due
				to aging or the presence of a degenerative condition.
(b) The expressed treatment goal of community
				residential habilitation services shall be to assist the person to reach
				his/her best functional level. The overall goal of all community residential
				habilitation services shall be to promote and encourage independence,
				integration, individualization and productivity (see section
				671.6[a][5][ii] 
				of this Part).
(c) Community
				residential habilitation services, as governed by this Part shall be delivered
				by providers (see glossary) authorized by OPWDD to provide such services in
				supervised and supportive community residences. The requirements of this Part
				constitute the program planning and service delivery standards applicable in
				this facility class.
(d) Allowable
				(see glossary) services by an authorized provider (see glossary) are those
				appropriately supervised (see glossary) activities interventions and therapies
				which are designed and implemented for the maximum reduction of functional
				and/or behavioral deficits associated with the person's developmental
				disability and/or a concurrent medical condition.
(e) This Part establishes standards for
				reimbursement and financial reporting under the medical assistance program for
				home and community-based services waiver community residential habilitation
				services delivered in community residences by providers of services (see
				section 1.03[5] of the New York State Mental Hygiene Law) to eligible persons
				with developmental disabilities. The standards of reimbursement in section
				671.7 
				of this Part shall be in effect as long as continued Federal financial
				participation is available. Absent Federal financial participation, other
				sources of reimbursement will be utilized.
(f) This Part establishes standards for
				service planning and review for the delivery of community residential
				habilitation services reimbursed under the medical assistance program or other
				sources, and substitutes and supersedes the existing program planning and
				associated review regulatory requirements in certified community
				residences.
(g) As used herein, the
				terms
people
and
person(s)
shall be
				understood to refer to those who are eligible to receive, and are receiving
				services from an authorized provider.
(h) The OPWDD certification process described
				below is superseded by requirements in Part 619 of this Title, Certification of
				Facilities and Home and Community Based Services (HCBS), effective on the
				effective date of these regulations.
This Part (with the exception of sections 671.1,
				  671.2,
				  671.3,
				  671.7
				  and
				  671.99  of
				  this Part) is organized in a format consisting of principles of compliance and
				  standards of certification....
(i) Nothing herein shall be interpreted to
				preclude a person from being eligible for and, receiving the HCBS waiver
				services set forth at Subpart 635-10 in section
				635-10.4(b)(2) and
				(c)-(f)  of this Title in different authorized
				facilities, or from more than one provider of services as long as the providers
				coordinate the development of the person's plan(s) of services and take steps
				to ensure that there is no duplication of payment for the same service
				delivered at the same time by the same staff. The latter shall not be
				interpreted to mean that the person may not receive comparable services
				targeted toward achievement of similar outcomes (see glossary) in different
				authorized facility classes or locations, or using similar activities,
				interventions, or therapies.
(j)
				Community residential habilitation services to eligible persons shall be
				delivered in the environment(s) most conducive to promoting effective training
				and skill generalization. Thus, while such services are authorized for delivery
				by a specifically designated certified authorized provider, it is presumed and
				encouraged that, where feasible and appropriate, the activities, interventions
				and therapies associated with the services, shall make appropriate use of
				community environments which allow for interaction with those without
				disabilities.
(k) Every person
				approved for receipt of community residential habilitation services shall be
				assisted by a specific case manager chosen by him or herself or his/her
				advocate (see glossary), regardless of the type or amount of community
				residential habilitation service(s) received.
(1) The chosen case manager is responsible
				for assisting the person and/or his/her advocate, as needed, in creating and
				sustaining an individualized service environment by developing, implementing,
				reviewing and revising the person's plan of service. To the extent possible,
				providers of case management services shall attempt to ensure the avoidance of
				a conflict of interest between the provision of case management services and
				other services in which the person is participating or receiving.
(2) Appropriate case management services
				activities include the following areas as defined further in 10 NYCRR 505.16:
(i) development of a comprehensive case
				management plan which shall incorporate the provisions of the person's
				community residential habilitation services' plan of services developed
				pursuant to this Part;
(ii) intake
				and screening;
(iii) assessment and
				reassessment;
(iv) coordination of
				the case management plan;
(v)
				implementation of the case management plan;
(vi) crisis intervention;
(vii) monitoring and follow-up; and
(viii) counseling for exit
				planning.