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 812 - Limits On Administrative Expenses And Executive Compensation › Section 812.9 - 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 provisions or applications of this Part that can be given effect without
				  the invalid provision or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the requirements and conditions for
				  receipt of funding assistance for capital improvement projects proposed or
				  undertaken by eligible providers of addiction services certified and funded by
				  the Office of Alcoholism and Substance Abuse Services ("Office" or "OASAS") to
				  ensure appropriate use by providers and security of monies made available from
				  state funding sources.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified
				programs operated by a municipality or a voluntary agency, as defined in this
				Part, or a proposed incorporator of a voluntary agency may apply to the Office
				for financial assistance for capital projects in the form of a state aid grant,
				the amount of which shall be available from amounts appropriated to the Office
				and approved by the Division of Budget ("DOB").
(b) Voluntary agencies, cities, and counties
				(towns are excluded) may also apply for financial assistance from the Dormitory
				Authority of the State of New York (DASNY), successor to the Facilities
				Development Corporation (FDC), through the Office as its agent.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.3 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.09 (b)  of the Mental
				Hygiene Law authorizes the commissioner to adopt regulations necessary and
				proper to implement any matter under his/her jurisdiction and to assist local
				governmental units and nongovernmental providers of addiction services in the
				development of local treatment programs and to make direct grants to nonprofit
				agencies for such purposes.
(b)
				Section 19.21 (b)  of the Mental
				Hygiene Law requires the commissioner to establish and enforce regulations
				concerning the licensing of programs for the provision of addiction
				services.
(c) Section 32.05  of the Mental Hygiene Law MHL
				authorizes the commissioner to issue operating certificates for the provision
				of chemical dependence treatment 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 MHL.
(e) Article 25 of the
				Mental Hygiene Law authorizes the Office, subject to the approval of the Office
				of the Budget (DOB), to provide state aid funding to programs or local agencies
				for the provision of addiction services and expenses related to the capital
				costs of such programs upon such terms and conditions as the Office deems
				appropriate.
(f) The Facilities
				Development Corporation Act (Chapter 359 of the Laws of 1968), authorizes the
				commissioner to promulgate regulations regarding financing or refinancing by
				voluntary agencies of treatment facilities with proceeds realized from the sale
				of tax exempt bonds and notes issued by the Medical Care Facilities Finance
				Agency and provided to the Facilities Development Corporation (FDC) for such
				purposes.
(g) Section five of the
				Facilities Development Corporation Act authorizes The Dormitory Authority of
				the State of New York ("DASNY"), created pursuant to chapter 392 of the Laws of
				1973 as successor to the Facilities Development Corporation, to issue
				negotiable bonds and notes to provide funds for the financing or refinancing of
				capital improvements to mental hygiene facilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) "Applicant"
				means a certified program operated by a municipality or a voluntary agency or a
				proposed incorporator of a voluntary agency applying for a state aid grant
				pursuant to article 25 of the Mental Hygiene Law; or a certified program
				operated by a county, city or voluntary agency applying for DASNY financing
				pursuant to section five of the Facilities Development Corporation
				Act.
(b) "Capital costs" means the
				costs to a program operated by an applicant with respect to the acquisition of
				real property estates, interests, and cooperative interests in realty, their
				design, construction, reconstruction, rehabilitation and improvement, original
				furnishings and equipment, site development, and appurtenances of a
				facility.
(c) "DASNY loan" means a
				loan to an eligible applicant from proceeds of a DASNY bond sale for all or
				part of the actual approved capital costs of a facility for the treatment of
				addictive disorders, subject to the terms and conditions of a mortgage and
				financing agreement.
(d) "Local
				governmental unit" (LGU) means the unit of local government given authority to
				provide local or unified services to persons and their families who suffer from
				addictive disorders.
(e) "Letter of
				Understanding and Intent" (LOUI) means a commitment letter issued by the
				commissioner authorizing an eligible applicant to secure private financing for
				the maximum amount approved by Division of Budget for a capital project, such
				private financing to be subsequently refinanced with a DASNY loan.
(f) "State aid grant" means state aid,
				pursuant to article 25 of the Mental Hygiene Law, for all or part of the actual
				approved capital costs of a facility for the treatment of addictive disorders,
				subject to a lien, mortgage or other security required by the
				commissioner.
(g) "State Aid Grant
				Lien" means a recorded lien on a facility improved with financing from a state
				aid grant or refinanced by a DASNY loan, such lien to secure for a term of
				years the exclusive use of the improved facility for the provision of Office
				certified services.
(h) "Voluntary
				agency" means a corporation organized or existing pursuant to the
				not-for-profit corporation law for the purpose of providing local services
				including substance use disorder treatment, compulsive gambling treatment,
				prevention or other authorized addiction disorder services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.5 - Requirements for a State Aid Grant or Letter of Understanding and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Site control.
(1) Prior to receiving funds an applicant
				must have, or be under contract to have, a fee simple or such other estate or
				interest in the site, including necessary easements and rights of way,
				sufficient to assure for a period of years, as such period may be determined by
				the Office, undisturbed use and possession of the facility. The nature and
				extent of an applicant's present or anticipated property rights in the site
				must be established, based upon the type of interest, by:
(i) a survey of the site; the surveyor's
				metes and bounds property description; and
(ii) a policy of title insurance;
				or
(iii) a lease sufficient to
				secure the property for use as a treatment facility for a term approved by the
				Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.6 - Requirements for a DASNY loan

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligibility.
(1) Cities, counties and
				voluntary agencies as applicants for projects estimated to exceed $100,000.00
				must apply for a state aid grant or a LOUI with the intent to refinance the
				state aid grant or private financing by means of a DASNY loan at the conclusion
				of the project.
(2) Applicants with
				an Office approved LOUI authorizing private financing of a project approved by
				the Division of Budget may apply for a DASNY loan for purposes of refinancing
				at the conclusion of the project. Use of construction management or
				design/build contracts must receive the prior written approval of the Office
				and shall contain such terms and conditions as the commissioner shall deem
				reasonable and necessary.
(3) Upon
				receipt of an approved project proposal cost (Proposed Project Approval, "PPA")
				by the Division of Budget, project approval by applicant's board of directors
				or authorized principal, approval of the state Attorney General and state
				Comptroller, an OASAS capital contract shall be executed including provisions
				for long term use of the facility and participation in the DASNY financing
				program for mental hygiene facilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.7 - Liens of the Office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recorded
				liens. Upon request of the Office, the recipient must file proof of any State
				Aid Grant Lien, mortgage or other security with the clerk of the county wherein
				such facility is located and provide OASAS proof of such filing.
(b) Remedial actions. In the event the
				facility is not utilized for the operation of an addiction services treatment
				program pursuant to all applications, contracts and agreements required for
				state aid grants and DASNY loans, in addition to any other legal remedies:
(1) OASAS shall have the right to possession
				and occupancy, without any charge or fee therefore, during the unexpired period
				of time during which the facility was to have been operated pursuant to this
				Part. The possession and occupancy shall be under the following terms and
				conditions:
(i) If OASAS is obligated to make
				any payment on any mortgage, lien, judgment or other encumbrance on the
				facility, then the amount of such payment or payments shall be an obligation of
				the recipient due and owing to OASAS;
(ii) If OASAS is obliged to make such
				structural repairs then the amounts so expended shall become and be an
				obligation of the recipient due and owing to OASAS;
(iii) Notwithstanding any of the provisions
				contained herein, OASAS shall be entitled to recover an amount equal to five
				percent (5%) of any state aid granted for capital costs of the facility for
				each year of the unexpired first twenty (20) years of the term during which the
				applicant has agreed to operate said facility. The total amount shall become an
				obligation of the recipient due and owing to OASAS; or
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.8 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
No full time officer or employee of the applicant or of the
				  State, or of any firm, organization, corporation, or partnership which such
				  officer or employee owns, controls or directs shall receive funds reimbursed
				  for capital costs directly or indirectly for payment for services provided in
				  connection with planning, design, construction, or equipping of the project, or
				  in connection with site acquisition.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.9 - Waiver of provision

Current through Register Vol. 46, No. 28, July 10, 2024
Upon written request by the applicant, the commissioner may
				  waive any provisions of this Part not otherwise required by law, by giving
				  prior written approval, after full disclosure of all relevant facts and
				  circumstances and a determination by the commissioner that the subject
				  provision imposes an unreasonable burden on the applicant, and that the
				  proposed alternative transaction is necessary for project
				  advancement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 813 - Financial Assistance for Capital Improvement Projects › Section 813.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part that can be given effect without
				  the invalid 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 814 - General Facility Requirements › Section 814.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental
				Hygiene Law authorizes the Office of Alcoholism and Substance Abuse Services
				(OASAS) to adopt standards including necessary rules and regulations pertaining
				to chemical dependence 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 19.21 (b)  of the Mental
				Hygiene Law requires the commissioner to establish and enforce certification.
				inspection, licensing and treatment standards for alcoholism. substance abuse,
				and chemical dependence facilities.
(d) Sections 32.01 and
				32.07 (a)  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.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) "Residential"
				means services provided by programs certified pursuant to Parts 817, 819 or 820
				of this Title.
(b) "Supportive
				living" means free standing units certified pursuant to Part 819 and are
				equivalent to Part 820 residential services in a scatter-site
				setting.
(c) "Inpatient services"
				means services provided by programs certified pursuant to Parts 816 or 818 of
				this Title.
(d) "Facility
				certification" means a certification issued by the Office constituting an
				approved facility following inspection pursuant to this Part.
(e) "Self-preserving" means a person is able
				to leave a building without assistance from another in the event of a fire
				emergency.
(f) "Fire alarm system"
				shall mean hard-wired systems or free standing devices inclusive of, but not be
				limited to, smoke and heat detectors, sprinklers, kitchen fire suppression
				installations, extinguishers, visual and auditory warning devices.
(g) "Ancillary space" means spaces for
				living, dining, social and counseling activities.
(h) "Outpatient" shall mean services provided
				by programs certified pursuant to Parts 822, 823, or 825 of this
				Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.3 - Building codes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All programs
				and facilities shall adhere to applicable building codes as appropriate. OASAS
				may refer any suspected violation to an authority with appropriate
				jurisdiction. Applicable building codes include, but are not limited to:
(1) Title 19 NYCRR, Chapter XXXIII,
				subchapter A, comprising the State Uniform Fire Prevention and Building Code
				(Building Code of New York State);
(2) Title 10 NYCRR Subpart 14-1, comprising
				the New York State Sanitary Code regarding food service establishments;
				and
(3) New York City
				Administrative Code, Title 27, Chapter I comprising the Building Code of the
				City of New York which shall apply exclusively for all facilities located in
				any of the five boroughs of the City of New York; and
(4) the Building Code of New York State
				applicable in all municipalities of the state outside of the five boroughs of
				the City of New York;
(5) any and
				all applicable local and state occupancy, use, building and zoning
				laws.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.4 - Requirements for all facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Repair and maintenance requirements. All facilities shall be maintained at all
				times in a state of repair which protects the health and safety of all
				occupants. The provision of maintenance shall be the responsibility of the
				governing authority of the provider of services. All facilities shall develop,
				maintain and follow a plan for maintenance that conforms to all applicable laws
				and ordinances which mandate safety, fire, health and sanitation requirements.
				All facilities shall be maintained in a clean and sanitary manner.
(b) Safety and fire precaution requirements.
(1) Fire drills shall be conducted at least
				quarterly for each shift. All such drills shall be held at times when the
				building is occupied.
(i) A written record
				shall be maintained indicating the time and date of each fire drill, the number
				of participants at each drill and the length of time for each evacuation. Such
				written record shall be provided to the Office upon request;
(ii) Fire regulations and evacuation routes
				shall be posted in bold print on contrasting backgrounds and in conspicuous
				locations. Each diagram shall display primary and secondary means of egress
				from the posted location.
(iii)
				Programs certified by OASAS and co-located in a general hospital, as defined by
				Article 28 of the Public Health Law, may follow a fire drill schedule
				established and conducted by the hospital.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.5 - Facility certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After the facility is inspected and found to be in compliance, such facility
				will be issued a facility certification that will remain valid until changes in
				the character or use of the existing facility are made, or at the conclusion of
				a recertification review. In addition to provisions of section
				814.3 
				of this Part, facility certification will include verification of the following
				subdivisions:
(b) Floor plans.
				Current and accurate facility floor plans which include the following
				information shall be maintained on site and provided to OASAS upon request:
(1) room locations and dimensions;
(2) room functions;
(3) fire/evacuation routes;
(4) smoke and/or heat detector
				systems;
(5) fire alarm pull box
				locations;
(6) fire extinguisher
				locations;
(7) emergency light
				locations;
(8) location of fire
				hose/standpipe systems; and
(9)
				sanitary facilities, including:
(i) the
				number of sinks, showers/tubs and toilets per room;
(ii) the intended use of the facilities by
				the patients, staff, men, and women; and
(iii) location of handicapped accessible
				fixtures and accessories.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.6 - Additional facility certification requirements for all inpatient and residential facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following additional requirements are applicable to sleeping and living spaces
				in all inpatient and residential facilities:
(1) Sleeping accommodations:
(i) Sleeping areas that contain one bed must
				provide a minimum of 80 square feet per occupant.
(ii) Sleeping areas that contain more than
				one bed must provide a minimum of 60 square feet per occupant. Rooms that have
				two or more beds in use on or before June 3, 2002, will be permitted to
				continue with not less than 40 square feet per occupant until a major
				relocation or major renovation of OASAS certified treatment space occurs, or
				there is a change in the type or capacity of service certified at the present
				location.
(iii) In cases where
				there is dormitory type use, the maximum capacity shall be 24
				residents.
(iv) Bunk beds shall not
				be allowed in facilities providing chemical dependence inpatient withdrawal and
				stabilization services, chemical dependence inpatient rehabilitation services,
				or residential stabilization elements.
(v) Nursing stations, where applicable, must
				be located in close proximity to sleeping areas.
(vi) Closets or wardrobes must be provided in
				all occupied bedrooms for each individual's clothing and personal
				property.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.7 - Additional facility certification requirements for supportive living facilities or residential reintegration in a scatter-site setting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				additional requirements are applicable to all supportive living facilities or
				residential reintegration in a scatter-site setting:
(1) The maximum number of unrelated occupants
				must comply with the applicable building codes, local laws and zoning
				ordinances.
(2) All cooking and
				sleeping areas shall be monitored by functioning smoke detectors or a certified
				fire detection system; all cooking areas must also be equipped with functioning
				fire extinguishers.
(3) Each living
				unit must have an area for sleeping, eating, living, and cooking, and a
				bathroom consisting of, at a minimum, a toilet, a sink, and a shower and/or
				tub.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.8 - Additional facility certification requirements for all outpatient facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following additional requirements are applicable to all outpatient facilities:
(1) A waiting area. appropriate to the type
				of certified service. that is sized and furnished for the comfort, convenience,
				and confidentiality of persons waiting for services, and that may be supervised
				to control access to the facility, prevent entry by unauthorized persons, and
				ensure confidentiality pursuant to federal law;
(2) Space for provision of individual and
				group treatment appropriate to the type of certified service.
(3) Space for provision of medical services
				appropriate to the type of certified service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.9 - Shared facilities and integrated outpatient services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Providers sharing space with any other
				corporate entity must develop a written space use policy or plan in
				co-operation with such entity to ensure compliance with Federal and State laws
				applicable to alcohol and drug abuse patients.
(b) Space use policies or plans must describe
				strategies to protect patient confidentiality including, but not limited to,
				the following:
(1) configuration of common
				waiting rooms;
(2) ingress and
				egress;
(3) verbal or visual
				identification of patients;
(4)
				maintenance and/or sharing of records;
(5) dual purpose use of same space;
(6) identification and/or limitation of
				meeting spaces for confidential meetings; and
(7) control of treatment area during
				treatment hours;
(8) compliance with
				the provisions of Part 825 Integrated Outpatient Services, as
				applicable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 814 - General Facility Requirements › Section 814.10 - Space alterations

Current through Register Vol. 46, No. 28, July 10, 2024
A governing authority proposing alterations to its physical
				  space utilized for chemical dependence services, including requests for
				  additional space, changes in space designations and/or other alterations, must
				  obtain prior written approval from OASAS no less than 60 days before
				  implementing the change.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth minimum standards to protect patient
				  rights. For purposes of this Part, a patient is a person receiving services
				  from a provider certified, funded or otherwise authorized by the Office. The
				  term "patient" as used in this Part includes, but is not limited to, terms such
				  as "client", "resident", "consumer", "customer", "participant" or such other
				  term which applies to a current or former service recipient. All services shall
				  be provided in a manner that is strength-based, person centered and trauma
				  informed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any provider currently certified, funded
				  or otherwise authorized by OASAS to provide addiction
				  services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.6 - Patient responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Participation in treatment for an addiction disorder presumes a patient's
				continuing desire to acquire healthy habits and requires each patient to act
				responsibly and cooperatively with provider staff, in accordance with an
				individual treatment/recovery plan and reasonable provider procedures.
				Therefore, each patient is expected to:
(1)
				work toward the goal of recovery, as defined by the patient;
(2) treat staff and other patients with
				courtesy and respect;
(3) respect
				other patients' right to confidentiality;
(4) participate in developing and following a
				treatment/recovery plan;
(5) become
				involved in productive activities according to ability;
(6) pay for services on a timely basis
				according to financial means;
(7)
				participate in individual counseling and/or group and/or family counseling
				sessions as appropriate;
(8) inform
				medical staff if receiving other medical or psychiatric services;
(9) address all personal issues adversely
				affecting treatment; and
(10) act
				responsibly and observe all provider rules, regulations and
				policies.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.7 - Procedure at discharge

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				director of a facility or service provider shall be responsible for any
				recommendation to discharge a patient against the patient's wishes. The
				director or their designee shall implement such recommendations only after the
				director:
(1) reviews the recommendation to
				discharge to ensure that the reason(s) is fair, not arbitrary or capricious,
				and is serious enough to warrant discharge;
(2) reviews and evaluates the patient's total
				response to treatment, in light of the recommendation to discharge;
(3) confers with staff at a multidisciplinary
				meeting to discuss the patient's response to treatment and the recommendation
				to discharge;
(4) confirms that,
				within reasonable clinical judgment, all incremental strength-based and
				trauma-informed interventions have been tried but without success, including
				consideration of transfer to another provider;
(5) provides a written notice to the patient
				that indicates the reason(s) for the recommended discharge as well as required
				information on how to appeal;
(6)
				if the patient appeals, meets with the patient to conduct the appeal no sooner
				than twenty-four (24) hours after provision of the notice, to allow the patient
				time to seek the advice of others, if desired, and discusses with the patient
				the reasons to implement or rescind the recommendation to discharge;
				and
(7) informs the patient in
				writing of the decision to implement or rescind the recommendation to discharge
				no later than seventy-two (72) hours after the appeal is made;
(i) if discharge is decided after the appeal,
				assures that the patient receives information about treatment and referral
				options, and connections to such referrals if desired;
(ii) if rescission of the discharge is
				decided after the appeal, assure the patient full opportunity to continue
				treatment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.8 - Toxicology testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provider
				may administer toxicology tests to a patient to ascertain the use and/or
				presence of alcohol and/or other substances, in accordance with program
				policies for screening, applicable regulations, clinical judgment, guidance
				issued by the Office and mindful of patient dignity. The provider shall inform
				a patient of each result and document all results in the patient's record.
				Supervised collection of a urine toxicology screen may only be conducted by
				persons of the same gender, or gender identity, as the patient, based on
				patient preference. Toxicology testing may not be used by a provider as a
				punitive tool.
(b) The provider
				must conduct such tests with reliable testing devices and administer such tests
				in accordance with manufacturer instructions and in compliance with all
				Department of Health requirements.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.9 - Patient use of prescription medicine

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Patients have the right to use lawfully
				prescribed and properly monitored medication, including controlled substances,
				from a duly-authorized medical practitioner(s). For all such patients:
(1) The provider shall document the
				medication name, purpose, and administration frequency as well as the
				prescribing practitioner's name, phone number and, if applicable,
				affiliation;
(2) The provider shall
				seek to obtain a proper consent from the patient, in accord with 42 CFR Part 2,
				so that the provider practitioner may consult with the prescribing practitioner
				and discuss:
(i) the patient's medical
				condition(s);
(ii) the prescribed
				medication(s), and available alternatives;
(iii) the best plan of services to be
				rendered by each practitioner, given the patient's concurrent
				treatment.
(3) If the
				patient refuses to consent or if the practitioners cannot agree on concurrent
				treatment, the provider practitioner shall discuss with the patient the
				possible risks of continued concurrent treatment. If refusal to consent
				continues or if the patient opts to continue taking the prescribed medicine in
				light of the explained possible risks, the provider may consider a
				recommendation for referral and connection to a more appropriate
				program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.10 - Patient screening

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of screening is to ensure a safe and therapeutic environment for all
				patients. However, patients shall be free from screening except as authorized
				pursuant to this section.
(b)
				Subject to the following requirements, a provider may choose to screen patients
				by establishing written policies and procedures provided to each patient at
				admission. Such policies may include the following:
(1) Routine screens of patients at admission
				or when returning to the service are permitted. Routine screening does not
				involve any physical contact between patient and staff; it does not involve
				having the patient remove all clothing; and the patient must consent to routine
				screening by the program.
(2)
				Screening of a patient's room or a patient's belongings may be conducted at any
				time with reasonable cause; consent for room screening may be requested by a
				program and granted upon admission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.11 - Research subjects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person may
				participate only in research which does not conflict with their individual
				treatment / recovery plan. Participation as a "subject at risk" in any research
				project or activity shall not deprive any patient of the rights, privileges,
				and protections provided to all patients by this Part. "Subject at risk" means
				any individual who may be exposed to the possibility of injury, including
				physical, psychological or social injury, as a consequence of participation as
				a subject in any research, development or related activity which departs from
				the application of those established and accepted methods necessary to meet
				their needs or which increases the risks of daily life. The research project or
				activity must be approved by an independent institutional review board and the
				approval kept on file.
(b)
				Participation in any research project or activity and informed written consent.
(1) The informed written consent of a patient
				who participates as a subject at risk in any human subjects' research project
				shall be obtained in accordance with 45 Code of Federal Regulations Part
				46.
(2) Prior to seeking consent
				required above, approval of any research placing human subjects at risk must be
				secured in accordance with 45 Code of Federal Regulations Part 46.
(3) Research projects which involve placing
				patients admitted to or enrolled in an addiction service at risk must be
				reported to the Office prior to initiation of the project.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.12 - Staff and client relationships

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sexual contact prohibited. All sexual
				contact between OASAS program staff and a client is sexual abuse.
(b) Sexual contact includes inappropriate
				touching, indecent exposure, sexual assault, taking or distributing sexually
				explicit pictures, voyeurism or other sexual exploitation.
(c) A client is incapable of consenting to
				sexual contact if they are admitted to a program funded, certified or otherwise
				authorized by the Office.
(d) All
				staff shall be trained, upon hire and annually thereafter, on, and be provided
				with supervision about, maintaining appropriate boundaries with
				clients.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.13 - 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 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations set forth minimum standards for the provision of withdrawal and
				stabilization services for persons suffering from acute or crisis stages of
				substance use disorder.
(b) The
				primary function of a withdrawal and stabilization service is the medical
				management and treatment of acute withdrawal, resulting in a referral to an
				appropriate level of care. Certified providers of withdrawal and stabilization
				services may provide one or more of the following services as further defined
				in this Part:
(1) medically managed
				withdrawal and stabilization services;
(2) medically supervised inpatient withdrawal
				and stabilization services; and/or
(3) medically supervised outpatient
				withdrawal and stabilization services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.09 
				of the Mental Hygiene Law authorizes the Commissioner to adopt regulations
				necessary and proper to implement any matter under their
				jurisdiction.
(b) Section 19.15  of
				the Mental Hygiene Law bestows upon the Commissioner the responsibility of
				promoting, establishing, coordinating, and conducting programs for the
				prevention, diagnosis, treatment, aftercare, rehabilitation, and control in the
				field of substance use disorder.
(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 22.09  of the
				Mental Hygiene Law directs the Commissioner to designate hospitals and other
				appropriate facilities as providers of emergency detoxification and
				stabilization services for persons needing or seeking emergency
				treatment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any person or entity organized and operating pursuant to the
				provisions of this Title and certified, funded or otherwise authorized by the
				Office to provide a substance use disorder withdrawal and stabilization
				service.
(b) Nothing in this Part
				shall be construed to limit the authority of a hospital licensed pursuant to
				Article 28 of the Public Health Law to provide detoxification and stabilization
				in a medical/surgical bed or emergency room.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.5 - Standards applicable to all withdrawal and stabilization services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Services
				applicable to all levels of care. Medically supervised withdrawal services
				provide assessment, medical supervision of intoxication and withdrawal
				conditions, pharmacological services, individual and group counseling, level of
				care determination, and referral to other appropriate services.
(b)
Screening, linkages and
				referral.
(1) All providers of
				withdrawal and stabilization services must provide onsite medical, mental
				health and substance use disorder services as well as screening, linkages and
				referral to other specialized providers of physical and behavioral health
				services if such services cannot be provided by the withdrawal and
				stabilization program.
(2) All
				providers must develop referral sources and keep updated lists of regional
				programs which provide treatment and recovery services at all levels of
				care.
(3) All providers must
				provide screening and referral for specialized physical conditions and/or
				mental health conditions.
(4) All
				providers shall provide overdose prevention education and naloxone education
				and training to a patient or prospective patient, and their significant
				other(s), in accordance with guidance issued by the Office. Providers shall
				make a naloxone kit or prescription available to all patients or prospective
				patients and develop a safety plan with the patient as
				needed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.6 - Additional requirements for medically managed withdrawal and stabilization services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise authorized medically managed withdrawal and stabilization services,
				as defined in this Part, shall only be provided in facilities certified by the
				Office and licensed by the Department of Health as a general hospital pursuant
				to Article 28 of the Public Health Law.
(b)
Required services.
Medically managed services must provide, at a minimum, all of the following
				services:
(1) medical management of acute
				intoxication and withdrawal conditions;
(2) an observation period for up to
				forty-eight (48) hours of admission. Patients found to be stable and able to
				step-down to a lower level of care shall be transferred within or to another
				facility, with specific discharge instructions, as soon as possible;
(3) medically supervised inpatient withdrawal
				services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.7 - Additional requirements for medically supervised inpatient withdrawal and stabilization services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Medically
				supervised withdrawal services can be delivered only by a provider of services
				certified by the Office to provide a continuum of care encompassing:
				residential, inpatient or outpatient substance use disorder treatment services
				in order to ensure appropriate continuation in treatment.
(b) Each inpatient medically supervised
				withdrawal service shall have a director who is a qualified health professional
				with at least two years of full-time clinical work experience in the treatment
				of substance use disorder prior to appointment. The director may also serve as
				director of another service provided by the same governing authority.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.8 - Additional requirements for medically supervised outpatient withdrawal and stabilization services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise authorized by the Office medically supervised outpatient services may
				be delivered only by an OASAS certified provider of residential, inpatient and
				outpatient services in order to assure appropriate continuation in
				treatment.
(b)
Required
				services.
(1) All providers of
				outpatient medically supervised services must, at a minimum, provide the
				following services in addition to those otherwise required by this
				Part:
(2) patients must be seen by
				the physician, nurse practitioner, physician assistant or registered nurse
				daily unless otherwise specified by the physician based on the patient's
				physical and psychiatric conditions; and
(3) The provider of services must provide or
				make available a twenty-four (24) hour telephone crisis
				line.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.9 - Standards pertaining to Medicaid reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Medicaid reimbursement shall be provided in accordance with
				  the provisions of 14 NYCRR Part 841.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 816 - SUBSTANCE USE DISORDER WITHDRAWAL AND STABILIZATION SERVICES › Section 816.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part that can be given effect without
				  the invalid provisions or applications, and to this end the provisions of this
				  Part are declared to be severable.