New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 633 - Protection of Individuals Receiving Services in Facilities and Services Operated and/or Certified by OPWDD › Section 633.99 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Account,
				burial reserve.
An account which is established for the express purpose of
				  reserving an amount of money to be set aside for the burial of the individual
				  names on the account. The account shall be separate and distinct from an agency
				  bank account and a training bank account. The maximum dollar amount may not
				  exceed that established by section 131-n  of the Social Services Law. Any
				  account or money which is held in trust by a funeral director, funeral firm or
				  other person, firm or corporation under General Business Law, section 453 shall
				  not be considered a burial reserve account under this regulation and is not
				  governed by this regulation.
(b)
Administrator, program.
That party, by whatever title known, designated in an
				  agency's administrative structure with responsibility for the day-to-day
				  operation of one or more facilities of a particular class operated by an
				  agency. This may be someone who has the responsibilities of the chief executive
				  officer, or someone designated as staff to the chief executive
				  officer.
(c)
Adult.
Anyone who is 18 years of age or older, or is the parent of a
				  child, or has married.
(d)
Adult, competent.
In relation to a health care proxy only (as used in sections
				  633.4
				  and
				  633.20 
				  of this Part), every person who is 18 years of age or older, or is the parent
				  of a child, or has married, and who is residing in a residential facility
				  operated or certified by OPWDD, is presumed to be able to understand the
				  meaning of the delegation of authority and is thereby able to execute a health
				  care proxy unless such person has had a prior court determination that he or
				  she is not capable of making health care decisions or that he or she is not
				  capable of appointing a health care agent or unless a committee has been
				  appointed for the person pursuant to article 78 of the Mental Hygiene Law or
				  unless a guardian has been appointed for the person pursuant to article 17-A of
				  the Surrogate's Court Procedure Act. However, a determination that a principal
				  lacks the capacity to make a health care decision empowering an agent in a
				  health care proxy is made in conformance with section
				  633.20(a)(9) 
				  of this Part.
(e)
Advocate.
This term shall have the same meaning as in section
				  635-99.1  of
				  this Title.
(f)
Agency.
The operator of a facility, program or service operated,
				  certified, authorized (see glossary), or funded through contract by OPWDD. In
				  the case of State-operated facilities, the DDSO (see glossary) is considered to
				  be the agency. Family care providers are not considered to be an agency (also
				  see "agency, sponsoring").
(g)
Agency/facility.
As used in this Part, a term used to indicate that the stated
				  requirement needs to be considered in relation to the administrative structure
				  of both the agency (see glossary) and the site-specific facility (see glossary)
				  and acted upon accordingly. In the case of HCBS waiver and other non-certified
				  services, the stated requirement needs to be considered in relation to the
				  administrative structure of the agency only.
(h)
Agency, sponsoring.
The administrator of one or more family care homes. In the
				  case of family homes operated under State auspice, the DDSO is considered to be
				  the sponsoring agency.
(i)
Agent, health care.
An adult to whom authority to make health care decisions is
				  delegated pursuant to a health care proxy written in accordance with section
				  633.20 
				  of this Part and article 29-C of the Public Health Law.
(j)
AIDS.
Acquired immune deficiency syndrome, as may be defined from
				  time to time by the centers for disease control of the United States Public
				  Health Service.
(k)
Assent.
For the purposes of section
				  633.13 
				  of this Part only, an affirmative agreement by a minor to participate in
				  research. Mere failure to object shall not, absent affirmative agreement, be
				  construed as assent.
(l)
Authorized.
Having the formal approval to provide HCBS waiver services
				  pursuant to Subpart 635-10 of this Title or other services through the Medical
				  Assistance Program whereby the provider agreement with the Department of Health
				  requires OPWDD approval of the provider.
(m)
Available, reasonably.
A surrogate to be contacted can be contacted with diligent
				  efforts within a reasonable time by an attending physician or other party
				  seeking to obtain either informed consent for the purposes of section
				  633.11 or
				  633.16 
				  of this Part, or a DNR decision pursuant to section
				  633.18 
				  of this Part.
(n)
Board, consumer advisory.
A seven-member board established in conformance with the
				  requirements of the Willowbrook Consent Judgement.
(o)
Board, institutional review
				(IRB).
For the purposes of section
				  633.13 
				  of this Part only, a committee meeting the membership requirements of
				  45 CFR 46.107. It
				  is established for the purpose of reviewing and monitoring research involving
				  human subjects, in accordance with the provisions of   45 CFR 46  . Facilities or
				  entities may establish their own IRB or may contract to use an IRB, meeting
				  these requirements, which has been established by another facility or
				  entity.
(p)
Capacity.
The ability to adequately understand and appreciate the
				  nature and consequences of professional medical treatment (see glossary),
				  behavior support plans, pursuant to section
				  633.16 
				  of this Part and DNR orders (see glossary), including the benefits and
				  significant risks and alternatives to such treatment/plans so as to be capable
				  of making a decision thereto in a knowing and voluntary manner. A person's
				  decision relative to the proposed professional medical treatment, proposed plan
				  or proposed DNR order shall not, in and of itself, be the exclusive basis for
				  the determination of capacity.
(q)
Care, health.
Any treatment, service or procedure to diagnose or treat an
				  individual's physical or mental condition.
(r)
Center, developmental.
A school for the care and treatment of persons (q.v.) with
				  developmental disabilities, as designated in article 13.17 of the Mental
				  Hygiene Law. A developmental center may be referred to as an
				  ICF/IID.
(s)
Certification, standards of.
See standards of certification.
(t)
Commissioner.
The commissioner of the New York State Office for People With
				  Developmental Disabilities, or his or her designee.
(u)
Committee, surrogate
				decisionmaking.
A committee of at least 12 persons established pursuant to
				  section 80.05  of the Mental Hygiene Law that, for
				  a person receiving services determined to be in need of surrogate
				  decisionmaking, and in accordance with the provisions of article 80 of the
				  Mental Hygiene Law, can make a determination as to whether proposed
				  professional medical treatment is or is not in the best interest of the person
				  receiving services, and provide consent for such treatment.
(v)
Compliance, principles of.
See principles of compliance.
(w)
Condition, terminal.
The circumstance of an illness or injury from which there is
				  no recovery, and which reasonably can be expected to cause death within one
				  year.
(x)
Consent, a
				person's capacity to.
For the purposes of section
				  633.13 
				  of this Part only, a person's ability to understand the purpose, nature, risks,
				  benefits and, where appropriate, alternatives of the research, to make a
				  decision about participation, and to understand that the decision about
				  participation in the research will involve no penalty or loss of rights to
				  which the person is otherwise entitled.
(y)
Consent, informed.
(1) For the purposes of this Part,
informed consent
shall mean the effective knowing consent by a
				person (or his/her legally empowered surrogate, parent or adult child) with
				sufficient capacity to consent and so situated as to be able to exercise free
				power of choice without undue inducement or any element of force, fraud,
				deceit, duress or other form of constraint or coercion. Such consent shall be
				in writing, except in the case of:
(i)
				consent for research involving no more than minimal risk where there is a
				waiver of consent; or
(ii) a waiver
				of the need for written consent as allowed in
				45 CFR
				46.117(c) to ensure
				confidentiality; or
(iii) the use
				of short-term medication pursuant to section
				633.16(j)(5)(v) 
				of this Part (with limitations); or
(iv) the use of restrictive/intrusive
				interventions or rights limitations pursuant to section
				633.16(g)(1) 
				of this Part (with limitations).