New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 619 - Certification of Facilities and Services › Section 619.2 - Classes of Operating Certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part supersedes the regulations on
				classes of operating certificates in Part 70 of this Title.
(b) For the purposes of this Part, a class
				means a category of facilities or services subject to issuance of an operating
				certificate and distinguished by the needs of individuals served, services
				provided, staffing, and, for facilities, the premises of the
				facility.
(c) For the purposes of
				this Part, an operating certificate means a document pertinent to the
				appropriate class of facility or service that conveys authorization by OPWDD of
				a provider of services to operate specific facilities or to deliver certain
				services identified on or as an attachment to such document.
(d) Classes of operating certificates issued
				by OPWDD:
(1) Community residence. An OPWDD
				certified community residence is a residential facility that provides health
				and habilitation services and supervision for individuals with intellectual or
				developmental disabilities. Community residences include three basic types of
				facilities: Supervised and Supportive Community Residences (CRs) and
				Individualized Residential Alternatives (IRAs). (IRAs are further categorized
				by capacity and conversion status.)
(2) Individualized Residential
				Alternative/Free Standing Respite (IRA/FSR). An OPWDD certified IRA/FSR is a
				residential facility that provides respite services, including health care and
				super vision, for individuals with intellectual or developmental disabilities.
				An IRA/FSR is certified to house and provide services to a certain number of
				individuals on a time-limited basis.
(3) Intermediate Care Facility for
				Individuals with Intellectual Disabilities (ICF/IID). An ICF/IID is a
				residential facility that provides comprehensive care, supervision,
				habilitation, and treatment for individuals with intellectual and developmental
				disabilities, that must be operated in compliance with federal ICF/IID
				regulations in  42 CFR 483  and applicable regulations of this Title. (Note:
				Certain ICFs/IID are certified by the State Department of Health (DOH); this
				Part does not apply to those ICFs/IID that are certified by DOH.)
(4) Private school. An OPWDD certified
				private school is a residential facility that provides health care,
				supervision, and training and/or education services for individuals with
				intellectual or developmental disabilities. Private schools include Residential
				Schools and Integrated Residential Communities.
(5) Family Care Home (FCH). An OPWDD
				certified family care home is a private home that provides health and
				habilitation services to individuals with intellectual or developmental
				disabilities.
(6) Specialty
				hospital. An OPWDD certified Specialty Hospital is a facility that provides
				residential care and services by or under the direction of a physician to
				individuals with intellectual or developmental disabilities who require
				specialized services to address significant health care needs.
(7) Outpatient/Non-residential facility. An
				OPWDD certified outpatient/non-residential facility may provide outpatient or
				nonresidential examination, diagnosis, care, treatment, habilitation, or
				training services for individuals with intellectual or developmental
				disabilities. Outpatient/Non-residential facilities include:
(i) Day services facilities, including but
				not limited to, facilities certified to provide Day Habilitation, Day
				Treatment, Day Training (including Sheltered Workshops), and Site-based
				Prevocational Services; and
(ii)
				Article 16 Clinics.
(8)
				Diagnostic and research clinic An OPWDD certified Diagnostic and Research
				Clinic is a facility that provides comprehensive behavioral and
				medically-related assessment and diagnostic services to individuals with
				intellectual or developmental disabilities, or individuals suspected of having
				intellectual or developmental disabilities.
(9) Home and Community Based Services (HCBS).
				OPWDD certified HCBS waiver services include an array of supports and services,
				including habilitation services that enable individuals with intellectual or
				developmental disabilities to live and receive services in community settings
				as an alternative ICF placement. HCBS waiver services may be provided in
				certified and non-certified settings, but the HCBS waiver services and the
				certified facilities have separate operating certificates.
(i) HCBS waiver services provided in
				certified facilities in clude but are not limited to:
(a) Residential Habilitation
				services;
(b) Day Habilitation
				services;
(c) Site-based
				Prevocational services; and
(d)
				Respite services.
(ii)
				HCBS waiver services provided in non-certified settings include but are not
				limited to:
(a) Day Habilitation (other than
				facility based day habilitation);
(b) Community Habilitation Services
(c) Pathway to Employment;
(d) Community Prevocational
				Services;
(e) Supported Employment;
				and
(f) Respite (other than
				facility based respite).
(iii) HCBS waiver, other services and
				supports, include but are not limited to:
(a)
				Plan of Care Support Services (a form of service coordination);
(b) Adaptive Technology;
(c) Environmental Modification;
(d) Fiscal Intermediary (FI) Services. FI
				services are necessary for administering self-directed services, including but
				not limited to the following other HCBS services and supports:
(1) Support Brokerage;
(2) Community Transition Services;
(3) Individual Directed Goods and Services;
				and
(4) Live-in
				Caregiver.
(10) Services approved in a Medicaid state
				plan that are designated for individuals with intellectual or developmental
				disabilities.
(i) Such Medicaid state plan
				services include:
(a) Comprehensive Health
				Home Care Management;
(b) Basic
				Home and Community Based Services (HCBS) Plan Support; and
(c) Crisis Services for Individuals with
				Intellectual and/or Developmental Disabilities.