reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 522 - Directors of Mental Hygiene Facilities As Representative Payees › Section 522.6 - Notice to qualified persons of intent and application for representative payee status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a
				facility director intends to apply to be a fiduciary or representative payee of
				a beneficiary who is receiving services from the facility, the facility
				director shall give written notice to qualified persons, including the
				beneficiary, of the facility director's intent to make such application in a
				manner consistent with federal and state laws governing the confidentiality of
				individually identifying health information.
(1) The notice shall be provided at least
				five business days before the facility director applies to become fiduciary or
				representative payee.
(2) If the
				beneficiary would lose any benefits because of a delay in the facility
				director's application to become fiduciary or representative payee, the
				facility director may proceed with the application without prior notice or
				without the lapse of five business days. In such instances, the facility
				director shall provide the notice as soon as practicable after making the
				application or within the maximum time which is practicable between the notice
				and the application.
(3) A facility
				director shall not be required to provide notice pursuant to this section if
				the treating practitioner, as defined in Section 33.16  of the Mental Hygiene Law,
				determines that notice to a particular qualified person, including the
				beneficiary, would be clinically contraindicated or the beneficiary objects to
				such notice.
(4) The notice shall
				be deemed to have been provided if hand delivered or mailed by first class mail
				to the last known address of the recipient(s) of the notice.
(5) The notice to beneficiaries shall include
				information that the Mental Hygiene Legal Service is available to advise
				patients or facility residents regarding the application process.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 522 - Directors of Mental Hygiene Facilities As Representative Payees › Section 522.7 - Required policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				facility director who serves or may serve as representative payee for
				beneficiaries receiving services from such facility shall establish policies
				and procedures which address the management and use of funds paid to the
				director as representative payee, consistent with the fiduciary
				responsibilities of a representative payee pursuant to the governing
				requirements of Social Security or other federal law and the comparable duty
				under State law. At a minimum, such policies and procedures shall include
				provisions for:
(1) establishment and
				maintenance of beneficiary accounts (in interest bearing accounts where
				practicable) with individual patient accounting to segregate balances and
				permit the application of interest earned, if any, on a pro-rated
				basis;
(2) internal controls that
				keep the beneficiary accounts and funds secure, prevent identity theft, provide
				specific authorization for check signatories, and document receipts and
				disbursements;
(3) the use of petty
				cash, including requirements for documenting expenditures by receipts and the
				reconciliation of cash provided;
(4) the opportunity for beneficiaries, or
				someone authorized to act on their behalf, to review deposits to and
				disbursements from their accounts at least quarterly; and
(5) designation of an appropriate staff
				member to act as a liaison between the facility director and the
				beneficiary.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of this Part is to ensure that providers of mental health services develop and
				implement effective incident management programs in order to protect the health
				and safety of patients and enhance their quality of care. Incident management
				programs include the components of effective abuse protection; the
				classification of incidents; tracking and trending of incidents; and
				implementing effective actions to protect individuals served from
				harm.
(b) It is the expectation of
				the Office of Mental Health that providers of mental health services under its
				jurisdiction will afford their patients appropriate services in a caring and
				hospitable environment that is recovery-oriented and free from harm. In order
				to create this environment, providers must seek to eliminate, wherever
				possible, the occurrence of incidents, i.e., episodes of harm or potential
				harm. This Part thus requires providers to assure that any reportable incidents
				are reported and analyzed, and the appropriate corrective, remedial, or
				disciplinary action occurs, in accordance with applicable federal or state law
				and regulations.
(c) Incident
				management programs must also incorporate principles of clinical risk
				management, which emphasize the improvement of systems and processes. Clinical
				risk management involves review of incident patterns and trends to identify the
				facts, circumstances, processes, systems, and areas of risk that may have
				contributed to such incidents in order to identify opportunities for
				performance improvement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Providers operated or licensed by the Office
: The provisions
				of this Part apply to all mental health providers operated or licensed by the
				Office, with the exception of secure treatment facilities established pursuant
				to Article 10 of the Mental Hygiene Law, and programs operated by the Office
				which are located in facilities operated by the Department of Corrections and
				Community Supervision, which shall report, investigate, and review incidents in
				accordance with policies of the Office.
(b) For providers of mental health services
				not subject to this Part, the Office may establish incident reporting standards
				as a term and condition of the receipt of funding from, or other approval by,
				the Office to provide such services.
(c) This Part is controlling over any other
				Part of this Title governing the reporting, investigation or review of
				incidents in those mental health facilities or programs subject to this
				Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.4 - General definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part.
(a)
Custodian
means:
(1) a director, operator, employee or
				volunteer of a mental health provider; or
(2) a contractor that performs services
				pursuant to a contract that permits regular and substantial contact with
				patients of a mental health provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.6 - Incident management program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Consistent with the requirements of this Part, all mental health providers
				shall develop, implement and monitor the effectiveness of an incident
				management program, with the intent of protecting the health and safety of
				patients and enhancing their quality of care.
(b) At a minimum, incident management
				programs shall consist of the following components:
(1)
Organization and
				administration
. Mental health providers shall identify staff
				responsible for the overall operation of the incident management program, and
				shall train staff regarding their related roles and responsibilities.
(2)
Incident management
				plan
. Mental health providers shall develop and implement a written
				incident management plan, which shall include the following:
(i) the goals and objectives of the incident
				management program; and
(ii) the
				policies and procedures for the operation of the incident management program
				which address, at a minimum, the following:
(a) identification, documentation, reporting
				and investigation of incidents;
(b)
				review of individual incidents to identify appropriate preventive or corrective
				action;
(c) review of the facts,
				circumstances, processes, systems, and areas of risk that contributed to an
				incident, as well as opportunities for performance improvement;
(d) identification and review of incident
				patterns and trends; and
(e)
				monitoring of incident management practices and developing proactive strategies
				for risk reduction, error prevention, and performance improvement.
(3)
Monitoring
. Programs shall ensure that appropriate mechanisms
				exist for monitoring the overall effectiveness of the incident management
				program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.7 - Incident reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following incidents are considered Reportable Incidents
				  which must be reported to the Justice Center and the Office in accordance with
				  the provisions of Section
				  524.8 
				  of this Part:
(a)
Allegations
				of Abuse or Neglect:
(1) Physical
				abuse;
(2) Psychological
				abuse;
(3) Sexual abuse;
(4) Deliberate Inappropriate Use of
				Restraint;
(5) Obstruction of
				reports of Reportable Incidents;
(6) Unlawful use or administration of
				controlled substance;
(7) Use of
				Aversive Conditioning; or
(8)
				Neglect.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.8 - Incident reporting procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Incident management programs shall include procedures for
				  promptly reporting incidents consistent with the following:
(a) Reportable Incidents identified in
				Section
				524.7(a) and
				(b)  of this Part that must be reported to the
				Justice Center and the Office must be made in accordance with the following,
				provided, however, that nothing in this Section shall be deemed to prohibit a
				Mandated Reporter from contacting or reporting to law enforcement or emergency
				services before or after making a report to the Vulnerable Persons' Central
				Register.
(1)
Justice
				Center
. Employees of mental health providers who are Mandated
				Reporters, must immediately make a report of a Reportable Incident to the
				Justice Center's Vulnerable Persons' Central Register, upon discovery of what
				appears to be a Reportable Incident.
(i) The
				report to the Register shall include the name, title, and contact information
				of every person known to the Mandated Reporter to have the same information as
				the Mandated Reporter concerning the incident.
(ii) If the reportable incident is a death
				for which there is any reason to believe that abuse or neglect may be involved,
				the Mandated Reporter must immediately contact the Justice Center's Vulnerable
				Persons' Central Register 24/7 Hotline and provide all information requested by
				the Justice Center, to the best of his/her ability.
(iii) The Mandated Reporter must immediately
				notify the director of the mental health provider, or his//her designee, that a
				report has been made.
(iv) An
				initial incident report in the form and format specified by the Justice Center
				shall be completed within 24 hours of discovery.
(v) The Justice Center has the statutory
				authority to investigate allegations of abuse or neglect and significant
				incidents. A mental health provider and its employees are required to cooperate
				fully with the Justice Center regarding such investigations, including but not
				limited to providing access at any and all times to all patients, staff, and
				any facility building, room or place or part thereof and to all books, records,
				and data pertaining to such program's patients, staff, facility or part
				thereof. All relevant records and reports shall be made available, upon
				request, to investigators at any point following the report of the incident.
				Patients, employees and any other persons may be interviewed in conjunction
				with any such investigation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.9 - Incident investigation, corrective action, and records maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Care
				and Safety of a Patient Involved in an incident
: Directors of mental
				health providers or their designees must ensure that their incident management
				programs require any staff person who observes or is informed that a Reportable
				Incident of any type has occurred to immediately provide assistance and secure
				appropriate care for the involved patient or patients. Such Directors shall
				provide the Office with contact information for administrators who can be
				contacted by the Office at any time, on a 24 hour per day, 7 day a week basis,
				for the purpose of ensuring that such measures have been taken.
(1) If an allegation of abuse or assault has
				been made,
appropriate care
shall include separating the
				alleged perpetrator from the alleged victim, in circumstances where it appears
				the allegation is credible and sufficient staff coverage can otherwise be
				maintained. In all cases, the welfare of the patient is paramount.
(2) Reasonable actions must be taken to
				ensure that a patient who has been harmed receives necessary treatment or care.
				If a patient has been injured, such actions shall include a medical examination
				commensurate with the acuity of the injury. The name of the examiner, the
				written findings of the examiner, and a copy of any other medical record
				associated with such examination shall be retained by the mental health
				provider.
(3) In addition, mental
				health providers shall review their activities in response to reportable
				incidents to ensure that corrective actions will be taken as necessary to
				address systems and personnel issues that may pose a continued risk to
				individuals in care.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.10 - Additional Incidents reportable to the Office of Mental Health

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
				Reportable Incidents, pursuant to Mental Hygiene Law Section 29.29, State
				operated or licensed mental health providers shall immediately notify the
				Office, in a form and format prescribed by the Office, of the following
				incidents when they occur off the premises of the facility or program or when
				the patient was not under the intended or actual supervision of a custodian.
(1) Crimes in the Community
(2) Missing Subject of AOT order;
				and
(3) Suicide Attempt,
				Off-Site.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.11 - Patient Death reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
				operated or licensed mental health providers are responsible for reporting the
				death of a patient who was enrolled in or receiving services from the facility
				or program at the time of the death, or whose death was within 30 days of
				discharge from a mental health program
(b) Reports of patient death must be made in
				accordance with the following:
(1) Justice
				Center Medical Review Board:
(i) The Justice
				Center Medical Review Board must be notified of the death of a patient of a
				State operated or licensed mental health provider who was enrolled in or
				receiving services from the facility or program at the time of the death, or
				whose death occurred within 30 days of discharge from a mental health
				program.
(ii) Such notification
				must be made immediately upon discovery of the death, and in no event later
				than 24 hours thereafter in the form and format prescribed by the Justice
				Center, and shall include:
(a) the name and
				age of the deceased;
(b) the date,
				time, location and circumstances of the death;
(c) to the extent known, whether or not the
				death:
(1) was related to an
				accident;
(2) may have resulted
				from a suicide or homicide;
(3) may
				have resulted from a medication overdose, or the use of controlled substance or
				alcohol;
(4) occurred within 72
				hours of the use of restraint or seclusion; or
(5) may be an unexplained death.
(iii) The Director or
				his/her designee shall submit any additional information requested by the
				Justice Center within 5 working days of such request, in the manner prescribed
				by the Justice Center.
(iv) In
				addition to the information submitted in accordance with subparagraph (iii) of
				this paragraph, a report of any autopsy performed on the decedent shall be
				submitted to the Justice Center within 60 working days of the report made to
				the Justice Center, provided, however, that the Justice Center may extend that
				timeframe for good cause shown.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.12 - Other required notifications

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the reporting requirements identified in
				  Section
				  524.7 
				  of this Part, mental health providers shall have procedures to assure that the
				  following notifications occur:
(a)
Child Abuse (by Family or Caretaker
)
.
Suspected abuse or neglect of persons under age 18 by a parent,
				guardian, or caretaker in a foster family boarding home, must be reported to
				the Statewide Central Register of Child Abuse and Maltreatment in accordance
				with the provisions of Section 413  of the Social Services Law. Effective
				June 30, 2013, mandatory reporting of abuse and neglect by custodians, as
				defined in Section
				524.4  of
				Part, will not be accepted by the Statewide Central Register and must be made
				to the Vulnerable Persons' Central Register in accordance with the provisions
				of this Part.
(b)
Notifications to Patients, Family, or Personal
				Representatives:
(1) Patients may be
				notified of the outcome of incidents involving them, if and as clinically
				appropriate, and in accordance with applicable federal and state laws and
				regulations.
(2) Next of
				Kin/Persons Involved in Care. Consistent with federal and state confidentiality
				laws and regulations, the patient's next of kin or other persons identified in
				the patient's plan of care as a person involved in his or her care, shall be
				notified immediately of allegations of abuse or neglect, missing patients or
				incidents involving patient death or injury.
(3) Qualified persons. In accordance with the
				procedures identified in Mental Hygiene Law Section 33.23, providers of mental
				health services subject to this Part must provide telephone notice to a
				qualified person of a patient of a Reportable Incident involving such patient
				and identified as injury, death, medication error, missing person, or
				allegation of abuse or neglect within 24 hours of the initial report of the
				incident.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.13 - Analysis, review, and monitoring of incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mental health providers are responsible
				for compiling and analyzing incident data for Reportable Incidents, incidents
				reported to the Office pursuant to Section
				524.10 
				of this Part, and patient death, for the purpose of identifying possible
				patterns and trends and to determine the timeliness, thoroughness, and
				appropriateness of the provider's responses.
(1) At a minimum, incident data shall be
				analyzed according to incident type, patient involvement, location, date, and
				time, and employee involvement.
(2)
				Reviews shall not be considered to be complete until all relevant information,
				(including final investigation reports and relevant systems analyses), has been
				gathered, opportunities for improvement have been identified, and, if deemed
				necessary, plans of correction/prevention have been developed, implemented, and
				monitored.
(3) For investigations
				of reportable incidents, correction/prevention plans must be documented in
				accordance with guidelines of the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.14 - Special Investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				the following types of incidents, if the Justice Center is not conducting an
				investigation, the mental health provider shall ensure that a special
				investigation is completed.
(1) Inpatient
				homicides;
(2) Inpatient
				suicides;
(3) All inpatient deaths
				except natural deaths;
(4) Homicide
				and suicide attempts by inpatients;
(5) Allegations of abuse;
(6) Inpatient assaults resulting in serious
				injury to any person, including sexual assaults;
(7) Missing patients of inpatient
				programs;
(8) Wrongful
				conduct.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.15 - Employee code of conduct and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Directors of mental health providers are
				responsible for ensuring that each employee receives a copy of the Code of
				Conduct developed by the Justice Center pursuant to Section 554  of
				the Executive Law.
(1) Persons hired by the
				mental health provider on or after June 30, 2013 shall be provided with such
				Code upon initial hiring.
(2)
				Written confirmation of receipt of the Code of Conduct shall be obtained for
				each employee and maintained in his or her personnel file, upon initial
				distribution and at least annually thereafter. Such confirmation shall indicate
				that the employee has read and understands the Code provisions.
(3) Distribution of the Code can be manual or
				electronic, provided there is a reliable mechanism to confirm that the Code has
				been received, and signed, by each employee, which is easily accessible to
				monitor compliance with the provisions of this subdivision.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.16 - Penalties for violation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon a determination that a mental health provider is in
				  violation of this Part, the Commissioner may impose a fine not to exceed $1,000
				  per day or $15,000 per violation in accordance with section 31.16  of the Mental Hygiene Law and Part
				  503 of this Title, and/or may suspend, revoke, or limit an operating
				  certificate or take any other appropriate action, in accordance with applicable
				  law and regulations.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 526 - QUALITY OF CARE AND TREATMENT › Section 526.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of this Part is to set forth standards for the quality care and treatment of
				persons receiving services in facilities operated or licensed by the Office of
				Mental Health.
(b)
Restraint
				and seclusion.
Included within this Part are conditions and procedures for
				  restraint and seclusion utilized for the purpose of managing violent or
				  self-destructive behavior, as well as the use of restraints for medical and
				  post-surgical care.
(1) Consistent
				with its statutory mandates, among the goals of the Office of Mental Health for
				the provision of care to persons with mental illness are the assurance of a
				safe and therapeutic environment, the reduction of danger, and the prevention
				of violent behavior.
(2) Restraint
				and seclusion historically have been used in psychiatric facilities to manage
				episodes of violent or dangerous patient behavior. Statistically, these
				emergency interventions are associated with increased risk of injury to not
				only patients, but also to staff who utilize these interventions. Restraint and
				seclusion also may have deleterious effects on patients, including survivors of
				sexual trauma and/or physical abuse, and patients with hearing impairments who
				are unable to communicate without the use of their hands. Physical risks
				include serious injury or even death, and psychological injuries include
				re-traumatization for individuals with histories of abuse.
(3) The use of restraint and seclusion to
				manage violent or self-destructive behavior can be significantly reduced
				through the creation and maintenance of an environment which promotes the
				empowerment of patients, identifies and implements strategies to advance
				positive behavior management and restraint reduction efforts, is strength-based
				and trauma informed, incorporates strategies in hiring or workforce development
				practices to advance these efforts, and emphasizes the education and
				sensitization of staff regarding the appropriate use of restraint and
				seclusion.
(4) It is the policy of
				the Office of Mental Health to achieve an ongoing reduction in the use of
				restraint and seclusion in facilities operated, certified, or monitored by the
				office, with the goal of reducing restraint and seclusion to the status of rare
				events, to reduce the behavioral emergencies that have prompted their use, and,
				wherever possible, to entirely eliminate the use of restraint and
				seclusion.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 526 - QUALITY OF CARE AND TREATMENT › Section 526.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.07  of the Mental Hygiene Law charges the
				Office of Mental Health with the responsibility for assuring the development of
				comprehensive plans, programs, and services in the areas of research,
				prevention, and care, treatment, rehabilitation, education, and training of
				persons with mental illness. Such section further charges the office with the
				responsibility for seeing that persons with mental illness are provided with
				care and treatment, that such care and treatment is of high quality and
				effectiveness, and that the personal and civil rights of persons receiving
				care, treatment and rehabilitation are adequately protected.
(b) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of the Office of Mental Health the authority and responsibility to
				adopt regulations that are necessary and proper to implement matters under his
				or her jurisdiction and set standards of quality of care.
(c) Section 29.20  of the Mental Hygiene Law requires
				the Commissioner of the Office of Mental Health to promulgate regulations
				governing the maximum size of nasogastric feeding tubes for the purpose of
				protecting patients from undue discomfort.
(d) Section 31.19  of the Mental Hygiene Law provides
				that no individual who is or appears to be mentally disabled shall be detained,
				deprived of his/her liberty, or otherwise confined without lawful authority, or
				inadequately, unskillfully, cruelly, or unsafely cared for or supervised by any
				person.
(e) Section 33.03  of the Mental Hygiene Law authorizes
				the Commissioner of the Office of Mental Health to promulgate regulations
				governing the quality of care and treatment.
(f) Section 33.04  of the Mental Hygiene Law
				establishes requirements for the application of restraint in facilities under
				the jurisdiction of the Office of Mental Health.
(g)
									42 CFR section
				482.13(e) and (f) establish
				standards governing the use of restraint and seclusion in hospitals as a term
				and condition of participation in the Federal Medicaid program.
(h)
									42 CFR sections
				483.356,
				483.358,
				483.360,
				483.362,
				483.364,
				483.366,
				483.368,
				483.370,
				483.372,
				483.374 and
				483.376
				establish standards governing the use of restraint and seclusion in psychiatric
				residential treatment facilities providing inpatient psychiatric services for
				individuals under age 21 as a term and condition of participation in the
				Federal Medicaid program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 526 - QUALITY OF CARE AND TREATMENT › Section 526.10 - Inpatient nasogastric feeding procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
Nasogastric tubes may be used for feeding purposes in
				  inpatient facilities when determined to be clinically appropriate, following
				  consideration of all possible routes and types of nutrition
				  administration.
(b)
Conditions for use.
(1) The use
				of nasogastric feeding tubes shall be ordered by a physician.
(2) In selecting the size and type of
				nasogastric feeding tubes to be employed, staff shall make every effort to
				minimize patient discomfort.
(3)
				Unless otherwise ordered and clinically justified by a physician, the size of a
				nasogastric feeding tube used on an individual patient shall not exceed:
(i) 6 French if the patient's body weight is
				less 50 pounds;
(ii) 8 French if
				the patient's body weight is 50 pounds or more, but less than 100
				pounds;
(iii) 12 French if the
				patient's body weight is 100 pounds or more.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicability.
(1) Except as otherwise
				indicated by the specific context, and with the exception of sections
				527.4 and
				527.6,
				this Part shall apply to all psychiatric hospitals operated by the Office of
				Mental Health, all residential treatment facilities for children and youth, and
				to all psychiatric hospital services required to have an operating certificate
				from the Office of Mental Health, and provided further that section
				527.8 
				of this Part shall also apply to all secure treatment facilities operated by
				the Office of Mental Health as defined in section 10.03  of the Mental Hygiene Law. Only
				section
				527.8(c)(5) 
				of this Part shall apply to regional medical units operated by the Department
				of Corrections and Community Supervision at which the Office of Mental Health
				provides outpatient psychiatric treatment, and to correctional facilities
				operated by the Department of Corrections and Community Supervision at which
				the Office of Mental Health operates a residential crisis treatment program,
				except that section
				527.8(c)(5) 
				of this Part shall not be applicable under circumstances in which it is
				inconsistent with the Correction Law or Department of Corrections and Community
				Supervision regulations.
(2)
				Section
				527.4  of this
				Part applies to all facilities which are operated or licensed by the Office of
				Mental Health. For family care home, the program sponsor shall be responsible
				for ensuring compliance with the regulations.
(3) Section
				527.6 
				of this Part applies to all psychiatric hospitals operated by the Office of
				Mental Health, all residential treatment facilities for children and youth, all
				community residences, all residential care centers for adults, and all
				psychiatric hospital services required to have an operating certificate from
				the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.4 - Communication needs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No facility
				shall deny care and treatment to, or otherwise discriminate against, persons
				who are non-English-speaking, deaf or hard-of-hearing.
(b) Each facility shall facilitate access to
				services by persons who are non-English-speaking, deaf or hard-of-hearing. Such
				persons shall include:
(1) persons who seek
				or are referred to the facility's services; and
(2) persons who receive the facility's
				services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.5 - Notice of recipients' rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions.
(1) Community-based residential
				program means a community residence, a licensed residential program for adults,
				a licensed housing program for children and adolescents, a residential care
				center for adults, or a family care home.
(2) Hospital means a psychiatric hospital
				operated by the Office of Mental Health, a psychiatric hospital, a psychiatric
				unit of a general hospital, a comprehensive psychiatric emergency program, or a
				residential treatment facility for children and youth.
(3) Practitioner means a person employed by
				or rendering a service in a community-based residential program or a hospital
				who is licensed in a profession relevant to the treatment of mental illness
				under article 131 of the Education Law, or is not prohibited by law from
				providing mental health services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.6 - Health care agents and proxies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions.
(1) Adult means any person who
				is 18 years of age or older, or is the parent of a child, or has
				married.
(2) Capacity means the
				ability to understand and appreciate the nature and consequences of health care
				decisions, including the benefits and risks of and alternatives to any proposed
				health care, and to reach an informed decision.
(3) Health care means any treatment, service
				or procedure to diagnose or treat an individual's physical or mental
				condition.
(4) Health care agent
				means an adult to whom authority to make health care decisions is delegated
				under a health care proxy.
(5)
				Health care decision means any decision to consent or refuse to consent to
				health care.
(6) Health care proxy
				means a document delegating the authority to make health care decisions,
				executed in accordance with article 29-C of the Public Health Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.7 - Advance directives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions.
(1) Adult means any person who is
				18 years of age or older, or is the parent of a child, or has
				married.
(2) Advance directive
				means an individual's written instruction, recognized under New York State law,
				which relates to the provision of health care in the event that such individual
				lacks the capacity to make health care decisions.
(3) Health care means any treatment, service
				or procedure to diagnose or treat an individual's physical or mental
				condition.
(4) Health care decision
				means any decision to consent or refuse to consent to health care.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.10 - Visiting at facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject
				to the provisions of section
				527.12  of
				this Part, residents of facilities operated or licensed by the Office of Mental
				Health have a right to receive visitors at reasonable times, to have privacy
				when visited, to authorize those family members and other adults who will be
				given priority to visit, and to communicate freely with persons within or
				outside the facility.
(b) Visiting
				rights at facilities.
(1) Recognizing that,
				in general, having visitors and visiting outside of the facility is part of the
				recovery process which maintains ties with family and the rest of the
				community, all facilities shall establish visiting hours and policies which are
				designed to facilitate the exercise of the right to receive visitors. Such
				policies:
(i) must not be unduly onerous to
				residents;
(ii) must be as flexible
				as administratively feasible;
(iii)
				shall not require prior notification or request by either the resident or the
				visitor, except when such visits would interfere with the regularly scheduled
				therapeutic activities in which patients are engaged, or as provided in section
				527.12  of
				this Part;
(iv) should, in order to
				preserve the therapeutic environment of the facility, be tailored in a manner
				that facilitates visiting while avoiding interference with the regularly
				scheduled activities in which residents are engaged, such as school attendance,
				program participation, and mealtime, by ensuring that in individual cases where
				an accommodation can be made without compromising the clinical care of the
				resident or other residents, facilities shall make reasonable efforts to do
				so;
(v) shall require the
				establishment of regular visiting hours during every day and every evening of
				the week, provided, however, that facilities operated by the office shall
				establish regular visiting hours based on the facility's security needs and the
				needs of the specific population served (i.e., adults, children, or persons
				residing in forensic or secure treatment facilities), their families, and the
				community, as well as all other requirements of this subdivision; and
(vi) with respect to facilities which serve
				minors 18 years of age or under, may require prior authorization of visitors by
				the person or entity with legal authority to consent to treatment for such
				minor, if in the best clinical interests of the resident.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.11 - Communicating freely with others within and outside the facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents of
				facilities or programs operated or licensed by the Office of Mental Health have
				the right to communicate freely and privately with persons within and outside
				the facility, subject to the provisions of section
				527.12  of
				this Part.
(b) To assist in the
				exercise of this right, facilities shall provide residents with reasonable
				access to stationery and telephones to assist them in freely communicating with
				others outside the facility.
(c)
				Residents shall have full opportunity to communicate freely with clergy and
				with their legal representatives, and these communications shall not be
				restricted. With respect to other correspondence, there shall be no censorship
				or restriction of incoming or outgoing letters or packages, except in the
				following circumstances:
(1) To assure the
				safety and welfare of residents, facilities subject to this Part may institute
				policies governing possession of contraband. Letters or packages which are
				reasonably suspected to contain contraband or, in the case of facilities
				operated by the office, otherwise implicate significant security or safety
				concerns, shall be processed in accordance with such facility
				policies.
(2) To assure the safety
				and welfare of residents and avoid harassment to others, any resident whose
				condition, in the opinion of the treatment team, warrants some selectivity, may
				have incoming and/or outgoing letters or packages not subject to a facility's
				contraband policy censored or restricted in accordance with section
				527.12  of
				this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.12 - Restriction of rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A right set
				forth in article 33 of the Mental Hygiene Law and this Part may be restricted
				within the resident's treatment plan by a written order signed by a physician
				stating the clinical justification for the restriction. The order imposing the
				restriction and a notation detailing the clinical justification therefor and
				the specific period of time in which the restriction shall be in effect must be
				entered into the resident's record. In no event may any right set forth in this
				section be restricted or limited as a punishment or for the convenience of
				staff.
(b) Any restriction on a
				right identified in this section shall be the least restrictive appropriate
				method for protecting the interest or interests involved.
(c) The treatment team or its designee shall
				discuss any restrictions of a right set forth in this section and the reason
				for such decision with the resident, and his or her family (if the resident
				does not object), and/or other authorized representative of the resident, and
				shall advise such persons of the resident's right to appeal this decision to
				the director of the facility. A notation that such persons were advised of the
				restriction, and the resident's right to appeal the decision, must be entered
				in the resident's record.
(d) In
				cases where a restriction is placed on incoming and/or outgoing mail in
				accordance with section
				527.11(c)(2) 
				of this Part, such mail may be withheld from the resident during the time the
				restriction is in place, or may be opened by a member of the treatment team in
				the presence of the resident. In no case may a staff member other than a member
				of the treatment team open such packages or letters, unless there exists an
				overriding compelling safety or security concern. In such cases, the reason why
				a treatment team member did not open a package or document, and a description
				of how the matter was handled (e.g., in consultation with the United States
				Postal Service, or other appropriate security intervention) must be
				appropriately documented in accordance with facility procedure.
(e) Appeals. Residents whose rights have been
				restricted in accordance with this section shall be notified of their right to
				appeal such decision in accordance with section
				27.8 
				of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 530 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 530.1 - Background and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide a means to support the
				  stability and geographic distribution of mental health clinic services
				  throughout all geographic and economic regions of the State. A designation of
				  Vital Access Provider denotes the Commissioner's determination to ensure
				  patient access to a provider's essential services otherwise jeopardized by the
				  provider's payer mix or geographic isolation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 530 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 530.2 - Legal Base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law authorizes
				the Commissioner to adopt regulations that are necessary and proper to
				implement matters under his or her jurisdiction.
(b) Section 31.02  of the Mental Hygiene Law authorizes
				the Commissioner to issue operating certificates for the provision of inpatient
				and outpatient mental health services.
(c) Section 43.02  of the Mental Hygiene Law authorizes
				the Office to establish rates or methods of payment for services at facilities
				subject to licensure or certification by the Office.
(d) Chapter 53 of the Laws of 2014 authorizes
				the Commissioner to provide special funding to certain designated
				providers.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 530 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 530.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vital Access
				Program ("VAP") means a program of supplemental funding and/or temporary rate
				or fee adjustments available to providers of mental health services that are
				determined by the Commissioner to be essential to the availability of mental
				health services in a geographic or economic region of the State but in
				financial jeopardy due to their payer mix or geographic isolation.
(b) Vital Access Provider means a provider of
				mental health clinic services that is licensed under Article 31 of the Mental
				Hygiene Law and that is designated by the Commissioner as eligible for
				participation in the Vital Access Program. It does not include a provider that
				is licensed under Article 28 of the Public Health Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 530 - VITAL ACCESS PROGRAM AND PROVIDERS › Section 530.4 - Vital Access Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Commissioner may accept applications from licensed providers of mental health
				clinic services requesting designation as a Vital Access Provider eligible to
				receive supplemental funding or a temporary rate adjustment. The Commissioner
				may give priority to providers serving regions or populations in the State that
				he or she shall determine are in special need of services. Such applications
				must sufficiently demonstrate that:
(1) The
				provider is essential to maintaining access to the mental health services it is
				authorized to provide to individuals with mental illness who reside in the
				geographic or economic region of the State served by the provider;
(2) The provider is in financial jeopardy due
				to payer mix or geographic isolation;
(3) The additional resources provided by
				supplemental funding or a rate or fee adjustment will achieve one or more of
				the following:
(i) protect or enhance access
				to care;
(ii) protect or enhance
				quality of care;
(iii) improve the
				cost effectiveness of the delivery of health care services; or
(iv) otherwise protect or enhance the health
				care delivery system, as determined by the Commissioner.