reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 629 - Eligibility for Services › Section 629.1 - Eligibility Determination Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
				OPWDD will determine whether individuals are eligible for OPWDD operated,
				certified, funded and/or authorized services (hereinafter "services")
(b) General Eligibility Provisions
(1) Eligibility is determined by the
				application of consistent criteria based on the definition of developmental
				disability established in Mental Hygiene Law (MHL) section
				1.03(22).
(2) Provisional Eligibility
(i) Provisional eligibility may be determined
				in children, up to the age of seven, who manifest substantial delays, with or
				without specific congenital or acquired conditions that result in a high
				probability of a developmental disability if services are not provided, and
				whose condition and/or functioning may improve significantly over time, as a
				result of treatments and services. They must also be a New York State resident
				or intend to reside in New York State at the time that services are
				delivered.
(ii) Provisionally
				eligible children who reach their 7th birthday cannot be authorized for
				additional services until a final eligibility determination has been made by
				OPWDD, except in extraordinary circumstances upon the approval of the
				Commissioner or their designee.
(iii) Provisional eligibility must be
				redetermined by a child's 8th birthday. Children 7 years and older seeking
				OPWDD services must meet full OPWDD eligibility criteria.
(3) OPWDD may review or re-review an
				individual's eligibility at any time. Applicants determined ineligible may
				reapply for services upon receipt of new or differing information that supports
				eligibility at any time.
(4)
				OPWDD, through its Developmental Disabilities Regional Office (DDRO), is
				responsible for determining whether a person is eligible for OPWDD services. A
				Three-Step process, as described herein, is used by OPWDD to make an
				eligibility determination of developmental disability.
(5) A determination that a person is eligible
				to receive OPWDD services based on the individual meeting the criteria for a
				developmental disability does not mean the person is automatically eligible for
				all OPWDD services, as some OPWDD services have additional eligibility
				criteria.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 629 - Eligibility for Services › Section 629.2 - Eligibility Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)  Applicability.
				This section applies to any person applying to OPWDD for a determination of
				whether the person has a qualifying condition that meets the criteria of
				developmental disability, as set forth in Mental Hygiene Law (MHL) §
									1.03(22), making
				them eligible for certain OPWDD operated, certified, funded and/or authorized
				services.
(b) General Eligibility
				Provisions.
(1) Eligibility is determined by
				the consistent application of criteria described in subdivisions (c) through
				(f) of this section, based on the definition of developmental disability
				established in MHL §
										1.03(22).
(2) To be eligible for OPWDD services, the
				person seeking eligibility must be a New York State resident or intend to
				reside in New York State at the time the services are delivered.
(3) The process for reviewing eligibility
				requests is described in section
				629.1  of this
				Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 630 - Eligibility Determinations For Children Who Are Aging Out › Section 630.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to the Office for People With Developmental
				  Disabilities (OPWDD) and its local administrative offices, the Developmental
				  Disabilities Services Offices (DDSOs). It does not apply to voluntary agencies
				  or private providers of services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 630 - Eligibility Determinations For Children Who Are Aging Out › Section 630.2 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 4402 (1)(b)(5)  of the
				Education Law and section 398 (13)  of the Social
				Services Law require that the committee on special education, multidisciplinary
				team or social services official send a report to OPWDD (if certain conditions
				are met) about a child who will be aging out and who may need adult services in
				the OPWDD system. A person ages out when he or she is no longer able to receive
				services in the educational system, foster care system or other system for
				children because of his or her age (usually related to the person attaining 21
				years of age).
(b) Section 13.37  of the Mental Hygiene Law sets forth
				the responsibilities of OPWDD related to the planning and referral process for
				children who are aging out.
(1) Once a report
				about the child has been received by OPWDD, OPWDD is charged with reviewing the
				report to determine whether the child will likely need adult services,
				including evaluating the child if necessary.
(2) If OPWDD determines that the child will
				not require adult services, OPWDD is required to notify the child's parent or
				guardian and referring entity. Chapter 508 of the Laws of 2008 amended section 13.37  of the Mental Hygiene Law to
				establish that if this determination is not acceptable to the child's parent or
				guardian, he or she may appeal the determination.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 630 - Eligibility Determinations For Children Who Are Aging Out › Section 630.3 - Determination of eligibility for services in the OPWDD system

Current through Register Vol. 46, No. 28, July 10, 2024
OPWDD shall determine whether individuals meet the criteria
				  established in section 1.03 (22)  of the Mental
				  Hygiene Law and are therefore eligible to receive services in the OPWDD system.
				  OPWDD determinations shall be in accordance with the eligibility determination
				  process described in "Eligibility for OPWDD Services" which is inserted into
				  section
				  630.5 
				  of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 630 - Eligibility Determinations For Children Who Are Aging Out › Section 630.4 - Procedures for children aging out

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				For the purposes of meeting the requirements of section 13.37  of the Mental Hygiene Law, a child
				is determined to "likely need adult services" if the child is eligible for
				services in the OPWDD system.
(b)
				Upon receiving a report submitted pursuant to section 4402 (1)(b)(5)  of the
				Education Law or section 398 (13)  of the Social
				Services Law, OPWDD shall determine whether the child is eligible for services
				utilizing the eligibility determination process described in "Eligibility for
				OPWDD Services."
(c) If OPWDD
				determines that the child is not eligible for services, it shall notify the
				child's parent or guardian and the committee on special education,
				multidisciplinary team or social services official which submitted the report.
(1) Such notice shall state the reasons for
				the determination and may recommend a state agency which may be responsible for
				determining and recommending adult services.
(2) If the determination is not acceptable to
				the child's parent or guardian, he or she may appeal the determination in
				accordance with the eligibility determination process described in "Eligibility
				for OPWDD Services." The notice to the parent or guardian shall also describe
				the procedures for appealing the determination.
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 633.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In relation to
				the Office for People With Developmental Disabilities, this Part, upon its
				effective date [January 31, 1988], supersedes Parts 21 and 27 (except those
				sections pertaining to an integrated residential community), and section
				686.6 
				of this Title as filed on July 31, 1985.
(b) This Part is controlling over any other
				Part of this Title insofar as the requirements herein may be concerned, unless
				said Part provides that it is controlling.
(c) This Part contains requirements
				applicable to all facilities and services operated orcertified by the Office
				for People With Developmental Disabilities, hereinafter referred to as OPWDD
				(see glossary section
				633.99  of
				this Part). In a family care home, the sponsoring agency (see glossary) and the
				holder of the operating certificate shall be responsible for ensuring
				compliance with this Part.
(d) The
				implementation date for compliance with this Part shall be January 31, 1988.
				For services certified pursuant to paragraph (10) of subdivision (d) of section
				619.2 
				of this Title, the implementation date for compliance with this Part shall be
				July 2, 2020, except that, for such services, the implementation date for
				compliance with sections
				633.5,
				633.6
				and
				633.8 
				of this Part shall be January 1, 2021.
(e) In every instance in this regulation, the
				terms people, person/persons or individual/individuals shall refer to those who
				have met the admission criteria for an OPWDD operated or certified facility and
				who have been admitted, or who have applied to and been screened for services
				and for whom a clinical record is maintained or processed by such facility as
				well as those individuals receiving services certified by OPWDD.
(f) Where explicitly stated, some provisions
				herein are also applicable to persons seeking services provided under the
				auspices of OPWDD (
e.g.,
see section
				633.4[a][15] 
				of this Part).
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 633.2 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To set forth
				specific minimum requirements and standards for ensuring and/or promoting the
				protection of the people served, with developmental disabilities, with which
				facilities operated or certified by OPWDD shall comply.
(b) To provide the basis to agencies whereby
				they shall develop and implement written agency/facility (see glossary)
				specific policies/procedures (see glossary), which reflect compliance with this
				Part. Such policies/procedures shall become part of the agency/facility policy
				and/ or procedure manual(s). Upon development, such policies/procedures shall
				be implemented and the agency/facility shall be responsible for ensuring
				ongoing compliance with said policies/ procedures.
(c) In reviewing the continued eligibility of
				a facility for an operating certificate, OPWDD shall survey for compliance with
				all standards of certification (see glossary) herein and any other regulatory
				requirements applicable to that class of operating certificate. OPWDD may make
				inquiries into and evaluate evidence of noncompliance with the principles of
				compliance (see glossary) applicable to the class of operating certificate.
(1) Principles of compliance set forth the
				basic conditions for the operation of a facility. Principles of compliance
				identify those requirements in which the State has a substantive interest
				because they are the basic and necessary conditions of participation with which
				a facility is to comply.
(i) Principles of
				compliance establish basic and necessary conditions with which a facility must
				be in compliance in order to receive and maintain certification.
(ii) Such principles shall focus on
				particular service or administrative components of a facility and/or on an
				entire certification classification. The intent of such principles is to
				clearly indicate the scope and extent of the State's interest.
(iii) Unless otherwise indicated, an
				agency/facility shall have the authority to demonstrate through policies,
				procedures, other documents, or any means, the methods and practices it will
				utilize to establish and ensure continued compliance with such
				principles.
(iv) These documents
				and/or means shall be made available to, or verified by, OPWDD to assess
				compliance and to grant initial certification.
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 633.5 - Applicant backgrounds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				agency/facility, including the sponsoring agency for a family care home, shall
				establish and maintain written personnel policies/procedures relative to
				obtaining, reviewing, evaluating and verifying the backgrounds of and
				information supplied by applicants for employment or voluntary work either to
				deliver services at a facility or to deliver services operated, authorized or
				funded by OPWDD; or applicants for certification as a family care provider.
				Policies and procedures are subject to and must be consistent with any
				applicable collective bargaining agreement(s), provisions of the Civil Service
				Law, and/or other relevant laws.
(b) In accordance with the agency's
				policies/procedures, the application process for employees, volunteers (see
				section
				633.99  of
				this Part) or prospective family care providers shall include, but need not be
				limited to, the following requirements:
(1) A
				statement or summary of the applicant's history of employment or related
				experience.
(i) Parties who are applying to
				be an employee or volunteer shall supply information about prior employment and
				volunteer history in the form and format specified by OPWDD to facilitate
				checks of abuse history by OPWDD in conformance with section 16.34  of the Mental Hygiene Law. This
				includes:
(a) complete employment/volunteer
				history for the prior seven years; and
(b) employment/volunteer history at any time
				for positions where the applicant provided services for individuals with
				developmental disabilities.
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 633.6 - Supervisory requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				Each agency/facility operated or certified by OPWDD shall establish written
				agency/facility policies/procedures relative to the supervision of employees
				and volunteers that, at a minimum:
(i)
				identify all line and onsite supervisors and their supervisory
				responsibilities;
(ii) provide a
				mechanism whereby employees and volunteers on all shifts are made aware of the
				identity and availability of their supervisors;
(iii) provide for periodic supervisory
				consultation with employees and volunteers;
(iv) designate the method whereby supervisors
				are evaluated relative to their managerial and supervisory skills;
				and
(v) are available to employees
				and volunteers.
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 633.8 - Training of employees, volunteers, family care providers and persons receiving services with regard to their safety and the prevention of abuse to those persons

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) It
				is the responsibility of the agency or the sponsoring agency to heighten the
				awareness of its employees, volunteers, and family care providers to those
				factors which affect and/or contribute to situations that can be potentially
				abusive or harmful. To this end, there shall be training (see section
				633.99  of
				this Part) of employees, volunteers and family care providers to meet the needs
				of staff, volunteers and persons who receives services in the following topics:
(i) principles of human growth and
				development;
(ii) characteristics
				of the persons served;
(iii)
				promoting positive relationships;
(iv) abuse prevention, identification,
				reporting, and processing of allegations of abuse;
(v) laws, regulations and policies/procedures
				governing protection from abuse;
(vi) incident and abuse reporting and
				processing;
(vii) the agency's
				safety and security procedures (including fire safety);
(viii) the prevention of circumstances that
				would result in exposure to body substances which could put persons or others
				at significant risk (see glossary) for HIV infection (see glossary);
(ix) the program for managing anyone exposed
				to significant risk body substances during circumstances which meet the
				criteria for significant risk contact; and
(x) other appropriate topics relative to
				safety and welfare, especially those that may be related to the functions of
				the employee, volunteer or family care provider.
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 633.9 - Facility Directors as Representative Payees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. This section applies to
				OPWDD operated and certified residential facilities, including family care
				homes.
(b) Definitions.
(1) Beneficiary means an individual who is
				receiving Social Security or other federal or state benefits.
(2) Facility means an OPWDD operated or
				certified residential facility. As used in this section, facility also means
				the agency that sponsors a Family Care home.
(3) Facility director means the executive
				director, administrator, CEO, or its equivalent of an OPWDD operated or
				certified residential facility. As used in this section, facility director also
				means the executive director, administrator, CEO, or its equivalent of an
				agency that sponsors a family care home.
(4) Health care professional means physician,
				psychologist, or other qualified medical practitioner whose statements are
				acceptable to the benefit paying agencies for the purposes of determining the
				beneficiary's ability to handle his or her benefits.
(5) Lump sum retroactive benefit means a lump
				sum retroactive payment of a federal or state benefit that exceeds the expected
				monthly recurring amount for a reason other than a delay in processing an
				application, changing a representative payee, or similar administrative
				delay.
(6) Medicaid exception trust
				means a trust that contains the assets of the beneficiary in which both the
				principal and income of the trust are considered exempt for purposes of
				determining the beneficiary's eligibility for Medicaid and/or Supplemental
				Security Income.
(7) Representative
				payee means a party designated by a benefit paying organization to receive an
				individual's benefit payments in a fiduciary capacity and in compliance with
				federal and state laws and regulations. This includes, but is not limited to, a
				party specifically designated by the Social Security Administration (SSA) to
				handle benefits on behalf of a beneficiary.
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 633.15 - Management of personal funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The
				provisions of this section apply to all residential facilities certified or
				operated by OPWDD (including family care homes), and non-residential programs
				which accept responsibility for handling the personal allowance of residents of
				residential facilities.
(2) The
				implementation date for compliance with this section with the exception of
				subdivision (j) and any other references to personal expenditure planning and
				the personal expenditure plan is April 1, 2008.
(3) The implementation date for compliance
				with subdivision (j) of this section and any other references to personal
				expenditure planning and the Personal Expenditure Plan is January 1,
				2009.
(4) Prior to the
				implementation of subdivision (j) of this section, the upper limit on the
				amount of cash that should routinely be maintained under the control of staff
				at the residence for each resident shall not exceed the monthly personal
				allowance amount established in section 131-o  of the Social Services Law for
				individuals receiving enhanced residential care (Congregate Care Level III),
				plus $20. However, this routine upper limit may be exceeded by any amount, so
				long as documentation of the specific amount, time and purpose for the excess
				amount is included in the cash account record. Cash in excess of the routine
				upper limit for each resident may only be held at the residence for a period
				not to go beyond 14 calendar days.
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 633.16 - Person-centered behavioral intervention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) This section applies to:
(i) all residential facilities certified or
				operated by OPWDD, including family care homes;
(ii) all facilities certified by OPWDD,
				except:
(a) Free standing respite, except as
				described in Part 635-10.5(h).
(b)
				clinic treatment facilities (see Part 679 of this Title); and
(c) diagnostic and research clinics (see Part
				676 of this Title);
(iii) day habilitation services (whether or
				not provided in a certified facility);
(iv) prevocational services (whether or not
				provided in a certified facility); and
(v) community habilitation (both hourly and
				Phase II).
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 633.20 - Health care proxy (see glossary) for a person residing in a facility (see glossary) operated or certified by OPWDD

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) Authority to appoint a health care agent
				(see glossary) by a person residing in a facility.
(i) A competent adult (see glossary) may
				appoint a health care agent in accordance with the terms of this Part, and New
				York State Public Health Law, article 29-C.
(ii) For purposes of this section, every
				adult (see glossary) shall be presumed competent to appoint a health care agent
				unless such adult:
(a) has a committee
				appointed pursuant to article 78 of the Mental Hygiene Law; or
(b) has a legal guardian appointed pursuant
				to article 17-A of the Surrogate's Court Procedure Act; or
(c) has a prior court determination that he
				or she is not capable of appointing a health care agent.
(iii) A person who is presumed competent may
				lack the capacity to write a health care proxy if that person cannot understand
				that he or she is delegating to another the authority to make health care
				decisions.
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 633.22 - Criminal history record checks

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) This section is applicable to all current
				and prospective agencies (see section
				633.99  of
				this Part), sponsoring agencies (see section
				633.99  of
				this Part) or other providers of services that are certified, authorized (see
				section
				633.99  of
				this Part), approved or funded through contract by OPWDD. Applicable services
				include but are not limited to:
(i) facilities
				holding an operating certificate issued by OPWDD (e.g., residences, family care
				homes, day treatment, day training, sheltered workshops), home and community
				based waiver services, state plan services enumerated in paragraph ten of
				subdivision d of section
				619.2 
				of this Title, family support services, individual support services;
				and
(ii) providers of services
				which contract with and/or are approved by OPWDD;
(a) providers of services which contract with
				OPWDD. For the purposes of this section only,
contracts with
				OPWDD
means an agreement to provide staff or services, and/or the
				actual provision of staff or services, on behalf of OPWDD, to persons served by
				OPWDD, in return for which OPWDD agrees to, or does, pay the contractor. This
				includes agreements in any form, either written or non-written, and includes
				but is not limited to a contract, voucher, purchase order or other document
				indicating an intention on the operator's part to pay the contractor;
(b) providers of services which are approved
				by OPWDD pursuant to subdivision (n) of this section ("registered
				providers").
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 633.23 - Smoking: health and safety protections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section applies to all facilities
				that are operated or certified by OPWDD, excluding family care homes. This
				section does not apply to non-certified services.
(b) Smoking is defined in this section as the
				inhaling or tasting of smoke produced by a burning substance, most commonly
				tobacco, in the form of a cigarette, cigar, pipe tobacco, or other form that
				can be smoked.
(c) Smoking is
				prohibited inside:
(1) all residential
				facilities certified or operated by OPWDD, except family care homes, supportive
				individualized residential alternatives (IRAs), and supportive community
				residences (CRs);
(2) all day
				program facilities certified or operated by OPWDD;
(3) all clinic treatment facilities certified
				or operated by OPWDD; and
(4) the
				diagnostic and research clinic operated by OPWDD.
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 633.24 - Background checks (in addition to criminal history record checks)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This section applies to services which are certified,
				  operated, authorized, approved and/or funded by OPWDD (including family care
				  homes).
(b) Check of the
				register of substantiated category one cases of abuse or neglect, also known as
				the Staff Exclusion List (SEL).
(1) Agencies
				and sponsoring agencies shall request a check for all parties subject to a
				criminal history record check in accordance with section
				633.22 
				of this Part, to the extent permitted by section 495  of the Social Services Law. The term
subject party
has the same meaning in this section as the term
				is defined in section
				633.22(b) 
				of this Part.
(2) Agencies
				(including agencies) shall comply with the requirements in section 495  of the Social Services Law and
				procedures established by the Justice Center for the Protection of People with
				Special Needs (Justice Center) for checking the SEL.
(3) If the name of subject party has been
				submitted for a check of the SEL, the agency shall not allow the party to have
				regular and substantial contact with an individual receiving services until the
				agency has the results of the check.
(4) If a party is listed on the SEL, the
				agency or sponsoring agency shall not hire or otherwise allow such party to
				have regular and substantial contact with an individual receiving
				services.
(5) The agency or
				sponsoring agency shall comply with all requirements of the Justice Center
				regarding confidentiality and actions to be taken concerning the results of the
				SEL check.
(6) Registered providers
				(see section
				633.22[n] 
				of this Part) shall request an SEL check for subject parties if the registered
				provider was required to request a criminal history record check for that
				party. Agencies with which the registered providers contracts are not required
				to request an SEL check concerning subject parties of a registered provider
				with which it contracts.
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 633.27 - Training Flexibilities

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the requirements set forth in sections
				  633.8,
				  633.14,
				  633.16 and
				  633.17  of this Part, during
				  periods of extreme staffing shortages, as determined by the commissioner, the
				  commissioner may permit abbreviated training and/or approve the extension of
				  recertification deadlines, as applicable, for direct support professionals
				  employed in programs and facilities certified pursuant to Article 16 of the
				  Mental Hygiene law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-1 - Background › Section 635-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  contains requirements applicable to programs, services or facilities (as
				  specified herein) funded or certified by the Office for People With
				  Developmental Disabilities, hereinafter referred to as OPWDD (see
				  glossary).
(b) In a family care
				  home, the sponsoring agency (see glossary) and the holder of the operating
				  certificate shall be responsible for ensuring compliance with this Part as
				  specified.
(c) This Part is
				  controlling over any Part of 14 NYCRR insofar as the requirements herein may be
				  concerned, unless said Part provides that it is controlling.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-4 - Financial Reporting and Audit Requirements › Section 635-4.1 - Applicability and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  Subpart shall apply to all providers which provide one or more of the services
				  listed in paragraph (b)(2) of this section.
(b)
Definitions applicable to this
				  Subpart.
(1) Provider for the purposes
				  of this Subpart,
provider
shall mean an individual,
				  corporation, partnership or other organization which provides one or more of
				  the services listed in paragraph (2) of this subdivision. Provider shall not
				  mean OPWDD or its local administrative units.
(2) Services for the purposes of this
				  Subpart,
services
shall mean ICF/DD services (Intermediate
				  Care Facilities for Persons with Developmental Disabilities), Comprehensive
				  Health Home Care Management, Basic HCBS Plan Support, Crisis Services for
				  Individuals with Intellectual and/or Developmental Disabilities, day treatment
				  services, clinic treatment facilities (see Part 679 of this Title), and all
				  HCBS waiver services.
(3) Region
				  for the purposes of this Subpart,
region
shall mean any one of
				  the three geographic regions which OPWDD considers in the applicable
				  facility-specific and/or service-specific reimbursement methodology(ies), which
				  are:
(i) Region I (NYC) is New York City and
				  includes the counties of New York, Bronx, Kings, Queens and Richmond.
(ii) Region II (NYC Suburban) includes the
				  counties of Putnam, Rockland, Nassau, Suffolk and Westchester.
(iii) Region III (Upstate New York) includes
				  all other counties in New York State.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-4 - Financial Reporting and Audit Requirements › Section 635-4.2 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Financial reports shall include the following:
(1) Budget reports.
(i) Each provider which is applying for an
				  operating certificate shall, if deemed necessary by OPWDD, include in its
				  application budget information, in the form and format specified by
				  OPWDD.
(ii) The budget shall cover
				  a reporting period of 12 months from July 1st to the following June 30th for
				  facilities in Region I, or from January 1st to the following December 31st
				  (calendar year) for facilities in Regions II and III, unless OPWDD specifies
				  another time frame.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-4 - Financial Reporting and Audit Requirements › Section 635-4.3 - Requirements for filing financial and statistical data

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each provider shall complete the
				  financial reports in accordance with generally accepted accounting principles,
				  unless OPWDD specifies other principles.
(b) Budget reports submitted in accordance
				  with this Subpart shall be certified for their fair representation of
				  anticipated expenditures by the provider's chief executive officer.
(c) Cost reports prepared for providers shall
				  be certified for compliance with this section by:
(1) the chief executive officer of the
				  provider; and
(2) a public
				  accountant who is:
(i) licensed or
				  certified;
(ii) registered with the
				  New York State Education Department;
(iii) not on the staff of the
				  provider;
(iv) has no financial
				  interest in the provider; and
(v)
				  is not a related party of the provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-4 - Financial Reporting and Audit Requirements › Section 635-4.5 - Requirements for financial records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each provider shall maintain
				  service-specific financial records which reflect expenditures made and revenues
				  received. These service-specific financial records shall be accounted for on
				  either a program type or a site specific basis in order to correspond with the
				  cost report form and format specified by OPWDD.
(b) Such financial records shall include, but
				  not be limited to:
(1) salary and fringe
				  benefit costs associated with the following categories: direct care, clinical,
				  program administration, agency administration and support; and
(2) other than personal service program
				  costs, such as housekeeping and maintenance costs, program support, housing,
				  utilities, transportation, rent, equipment, costs of physical plant and
				  amortization of leasehold improvements and related expenses.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-5 - Reimbursement of Medicaid Service Coordination (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law, §§13.09,
					 16.00
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-6 - Allowability of Capital Costs and Costs of Transactions with Related Parties › Section 635-6.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart
				  shall apply to all services and programs which are funded by OPWDD.
(b) This Subpart contains rules for:
(1) the allowability of capital costs,
				  pursuant to transactions with related and unrelated parties;
(2) the allowability of costs of capital
				  moveable and personal property obtained from related and unrelated parties,
				  other than capital moveable equipment and personal property of an IRA or group
				  day habilitation program; and
(3)
				  the allowability of goods, services and other property obtained from related
				  parties.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-6 - Allowability of Capital Costs and Costs of Transactions with Related Parties › Section 635-6.2 - Determination of whether a transaction is between related parties (see glossary, Subpart 635-99 of this Part)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Where a transaction is not presumed to be between related parties under
				  subdivisions (b) or (d) of this section, OPWDD will determine whether the
				  transaction is between related parties.
(1)
				  Such determination shall be made on a case-by-case basis.
(2) Such determination shall be based on
				  whether the facts and circumstances of the transaction, the parties' situation
				  and history, indicate that the party from whom the provider or individual
				  receiving services obtained the real property, equipment, goods, services or
				  property is a related party.
(3) If
				  a transaction is between a provider (see glossary, Subpart 635-99 of this Part)
				  or individual receiving services and a party not presumed to be a related party
				  (under subdivision [b] or [d] of this section, OPWDD nevertheless can determine
				  that the transaction is between related parties (using the criteria in
				  paragraph [2] of this subdivision), where the party transacting with the
				  provider or individual receiving services directly or indirectly obtained the
				  real property, equipment, goods, services or property in question from someone
				  or an organization (see glossary, Subpart 635-99 of this Part) presumed to be
				  related to the provider or individual (under subdivision [b] or [c] of this
				  section).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-6 - Allowability of Capital Costs and Costs of Transactions with Related Parties › Section 635-6.4 - Costs of ownership of real property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless specifically otherwise provided
				  for in this Title, costs of ownership of real property shall be allowable in
				  the amount of depreciation, interest, costs of alteration, construction,
				  rehabilitation and/or renovation to real property, and costs attributable to
				  the negotiation or settlement of sale or purchase of real property in cases
				  where:
(1) OPWDD and the Division of the
				  Budget first approved the property costs before June 1, 2010; or
(2) OPWDD and the Division of the Budget
				  first approved the property costs on or after June 1, 2010, but the costs were
				  previously funded, in whole or in part, by New York State, any other state or
				  the Federal government.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-6 - Allowability of Capital Costs and Costs of Transactions with Related Parties › Section 635-6.5 - Costs of co-operative (see glossary, Subpart 635-99 of this Part) ownership of real estate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
				  agreement to purchase membership or ownership interest in a co-operative, which
				  agreement has been approved by OPWDD and the New York State Division of Budget,
				  is between the provider or an individual and a party which is not a related
				  party, allowable costs shall be the lesser of the actual purchase price or the
				  price of a membership or ownership interest in a co-operative for real estate
				  with similar functions in the same geographic area.
(b) If an agreement to purchase membership or
				  ownership interest in a co-operative, which agreement has been approved by
				  OPWDD and the New York State Division of Budget, is between the provider or an
				  individual and a related party, allowable costs for such purchase shall be the
				  least of:
(1) the actual purchase
				  price;
(2) the price of membership
				  or ownership interest in a co-operative with similar functions in the same
				  geographic area; or
(3) the
				  co-operative's costs attributable to the provider or individual.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-6 - Allowability of Capital Costs and Costs of Transactions with Related Parties › Section 635-6.6 - Moveable equipment and personal property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Costs of ownership of moveable equipment
				  and personal property shall be allowable in the amount of depreciation and
				  interest if the purchase is made through a multiple bid process. Depreciation
				  shall be based upon the historical cost and useful life.
(1) If the equipment or personal property is
				  purchased from a party not related to the provider or individual, the
				  historical cost shall be the lesser of the actual cost of purchasing the
				  equipment or personal property or the fair market value of such equipment or
				  personal property.
(2) If the
				  equipment or personal property is purchased from a party related to the
				  provider or the individual, the historical cost shall be the least of:
(i) actual acquisition cost;
(ii) fair market value; or
(iii) the seller's cost.
(3) The useful life is the higher of the
				  reported useful life or the useful life as reported in the Estimated Useful
				  Lives of Depreciable Hospital Assets, (2004 edition), published by Health
				  Forum, Inc., an American Hospital Association company, One North Franklin, 28th
				  Floor, Chicago, IL 60606-3421. A provider or individual may use a different
				  useful life if such different useful life is approved by OPWDD. OPWDD shall
				  base such approval upon historical experience and documentary
				  evidence.
(4) The provider or
				  individual shall use the straight-line, double declining balance or
				  sum-of-the-years' digits depreciation method. Once selected, the depreciation
				  method shall remain constant for the useful life of the asset.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-6 - Allowability of Capital Costs and Costs of Transactions with Related Parties › Section 635-6.7 - Costs applicable to goods, services or property not covered elsewhere in this Subpart

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Costs
				  applicable to goods, services or property not covered elsewhere in this Subpart
				  and furnished to the provider or individual by a related party shall be
				  allowable at the lesser of:
(1) the cost to
				  the related party; or
(2) the price
				  of comparable goods, services or properties that could be obtained
				  elsewhere.