New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.4 - Definitions pertaining to this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
(1) Admission criteria are those factors of
				psychopathology, activities of daily living skills, age, gender, and intelligence
				quotient, in addition to the office's eligibility criteria for access to residential
				treatment facility services, which are identified for use by a specific residential
				treatment facility to determine whether to accept a child or youth's application for
				admission or transfer.
(2) Alternate
				care determination is a decision made by the Office of Mental Health or the
				commissioner's designee, that a child or youth who has been receiving residential
				treatment facility services no longer meets medical necessity for continued access
				to residential treatment facility services.
(3) Case records are those reports which contain
				information on all matters relating to the admission, legal status, assessment,
				treatment planning, treatment and discharge of the resident, and shall include all
				pertinent documents relating to the resident.
(4) Child or youth is an individual who has passed
				at least their 5th birthday, and who has not yet reached their 22nd
				birthday.
(5) Clinical staff are all
				staff members who provide services directly to residents and their families or legal
				guardian. Clinical staff shall include professional staff, paraprofessional staff
				and other nonprofessional staff.
(6)
				Continued stay criteria are those factors of psychopathology, activities of daily
				living skills and age which are identified for use in determining the eligibility
				and medical necessity of a resident's continued access to residential treatment
				facility services. These factors shall provide the basis for determining that the
				resident continues to meet the admission criteria of the residential treatment
				facility. Such evidence shall be directly observed and documented by staff of the
				residential treatment facility or be documented in reports of hospital or
				therapeutic leaves.
(7) Designated
				mental illness means a disruption of cognitive, emotional, or behavioral
				functioning, which can be classified and diagnosed using the
Diagnostic and
				Statistical Manual of Mental Disorders (DSM)
, or the
International
				Classification of Diseases (ICD)
as incorporated by reference in Part 800
				of this Title, other than:
(i) substance use
				disorders in the absences of other mental health conditions defined in the DSM or
				ICD;
(ii) neurodevelopmental disorders
				in the absence of other mental health conditions;
(iii) major neurocognitive disorders in the
				absence of other mental health conditions defined in the DSM or ICD except
				Attention-Deficit/Hyperactivity Disorder or Tic Disorders; or
(iv) other conditions that may be a focus of
				clinical attention (commonly described with Z codes), except Parent-Child Relational
				Problem (V61.20/Z62.820) for child or youth.
(8) Education records means those reports which
				contain information on all matters relating to the education of the resident, and
				shall include all pertinent documents. For children or youth determined to have an
				educational disability classification by a committee on special education, the
				education record shall contain the individualized education program. Education
				records shall be separate and distinct from the case record.
(9) Eligibility criteria means personal attributes
				and characteristics that an individual needs to have in order to access residential
				treatment facility services.
(10)
				Medical necessity criteria shall refer to criteria for access to residential
				treatment facility services set forth by the office or commissioner's designee,
				where minimally, outpatient, community-based, and other out of home interventions
				available, do not meet the treatment needs of the child or youth, the child or youth
				is experiencing a severity of psychiatric need which requires proper care and
				treatment of the child or youth's psychiatric condition on an inpatient basis in a
				residential treatment facility under the direction of a physician, and care and
				treatment provided by residential treatment facility services can reasonably be
				expected to improve the child or youth's condition or prevent further regression so
				that residential treatment facility services will no longer be needed.
(11) Provider of services means the organization
				that is legally responsible for the operation of a program, licensed by the office.
				The organization may be an individual, partnership, association, corporation, public
				agency, or a psychiatric center or institute operated by the Office of Mental
				Health.
(12) Residential treatment
				facility is an inpatient psychiatric facility which is family centered and provides
				active care and treatment under the direction of a physician for children or youth
				who are under 21 years of age and is issued an operating certificate pursuant to
				this Part.
(13) Restraint means
				"restraint" as such term is defined in section 526.4(a)  of this Title.
(14) Seclusion means "seclusion" as such term is
				defined in section 526.4(a)  of this Title.
(15) Serious emotional disturbance means a child
				or youth has a designated mental illness diagnosis according to the most current
				Diagnostic and Statistical Manual of Mental Disorders (DSM) and has experienced
				functional limitations due to emotional disturbance over the past 12 months on a
				continuous or intermittent basis. The functional limitations must be moderate in at
				least two of the following areas or severe in at least one of the following areas:
(i) ability to care for self (e.g., personal
				hygiene; obtaining and eating food; dressing; avoiding injuries); or
(ii) family life (e.g., capacity to live in a
				family or family like environment; relationships with parents or substitute parents,
				siblings and other relatives; behavior in family setting); or
(iii) social relationships (e.g., establishing and
				maintaining friendships; interpersonal interactions with peers, neighbors and other
				adults; social skills; compliance with social norms; play and appropriate use of
				leisure time); or
(iv)
				self-direction/self-control (e.g., ability to sustain focused attention for a long
				enough period of time to permit completion of age-appropriate tasks; behavioral
				self-control; appropriate judgment and value systems; decision-making ability);
				or
(v) ability to learn (e.g., school
				achievement and attendance; receptive and expressive language; relationships with
				teachers; behavior in school).
(16) Time-out means "time out" as such term is
				defined in section 526.4(a)  of this Title.