reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.3 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the power and responsibility to
				adopt regulations that are necessary and proper to implement matters under his
				or her jurisdiction.
(b) Section 31.35  of the Mental Hygiene Law provides
				that each provider of mental health services subject to its requirements must
				request, through the Office of Mental Health, a criminal history background
				check for each prospective operator, employee, or volunteer of such provider of
				services.
(c) Subdivision (12) of
				section 845-b  of the Executive Law requires the
				Office of Mental Health to promulgate rules and regulations necessary to
				implement criminal history information requests.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.7 - Notification of criminal charges or convictions incurred subsequent to employment/volunteer service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				receiving notification from the division that there is a pending criminal
				action or proceeding, or conviction, with regard to an employee, volunteer, or
				operator, the Justice Center shall promptly notify the authorized person of a
				provider of services of the allegation or new conviction.
(b) Upon receiving notification from the
				Justice Center of the pending criminal action or proceeding, or conviction, the
				provider of services shall take any and all appropriate action to ensure that
				the health, safety, and welfare of its clients are protected. Such action or
				actions shall be documented. In cases involving pending criminal actions or
				proceedings against employees or volunteers, it shall be the responsibility of
				the provider of services to monitor the outcome of such proceedings if the
				employee or volunteer remains in service with the provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.8 - Responsibilities of providers of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recordkeeping.
(1) Each provider of services subject to the
				provisions of this Part shall establish, maintain, and keep current, a record
				of:
(i) a current roster of employees and
				list of staffing assignments;
(ii)
				a current roster of volunteers;
(iii) names of all persons for whom a request
				for a criminal background history was submitted to the Justice Center,
				identifying whether the person was applying for an employment or volunteer
				position;
(iv) for each such name
				identified, a copy of his or her signed informed consent form required pursuant
				to section
				550.5 
				of this Part, and the results of the criminal background history and
				determination of the office with regard to the employment or volunteer service
				of the individual; and
(v) a record
				identifying whether such individual was hired or permitted to engage in
				volunteer services, what position he or she holds, and any limitations placed
				on such employment or service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				purpose of this Part to establish minimum standards which will ensure that
				entities providing mental health services which seek an operating certificate
				from the Office of Mental Health will meet appropriate criteria for quality,
				safety and fiscal viability.
(b) It
				is the purpose of this Part to support the efforts of local governmental units
				in the process of planning and funding local systems of mental health
				service.
(c) It is the purpose of
				this Part to expedite the review of projects that are in conformance with the
				Statewide Plan and to allow for the development and operation of needed and
				appropriate programs.
(d) This Part
				establishes an efficient and timely process for the initial licensure of a
				program, as well as an effective process for notifying affected parties of
				changes to the local service system.
(e) This Part establishes a process to ensure
				that all entities applying for licensure are treated equally.
(f) The licensing process established in this
				Part will be linked to and coordinated with the pertinent licensing practices
				of other State agencies as appropriate, including but not limited to, the
				Department of Health, Office of Alcoholism and Substance Abuse Services, Office
				of Mental Retardation and Developmental Disabilities, and the State Education
				Department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 31.02  of the Mental Hygiene Law requires
				that a provider of services must be issued an operating certificate in order to
				engage in the following activities: a residential facility; a freestanding
				psychiatric inpatient facility; part of a general hospital providing inpatient
				or nonresidential services; outpatient or nonresidential program; residential
				treatment facility for children and youth; or comprehensive psychiatric
				emergency program which serves individuals diagnosed with a mental
				illness.
(b) Section 31.04  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under his or her
				jurisdiction and to establish procedures for the issuance and amendment of
				operating certificates.
(c) Section 31.05  of the Mental Hygiene Law
				establishes criteria for the issuance of an operating certificate.
(d) Section 31.22  of the Mental Hygiene Law
				establishes criteria for the approval of certain certificates of
				incorporation.
(e) Section 31.23  of the Mental Hygiene Law
				establishes criteria for the approval of facility programs, services and
				sites.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any individual, partnership, association, corporation or proposed
				corporation or public or private agency which proposes a project described in
				section
				551.6 
				of this Part.
(b) This Part applies
				to a provider of services or other organization which requires an operating
				certificate under article 31 of the Mental Hygiene Law, including those
				programs and services of an Office of Mental Health operated psychiatric center
				for which the commissioner has determined that an operating certificate is
				required. This Part does not apply to State-operated inpatient
				services.
(c) This Part applies to
				a facility that requires an operating certificate pursuant to both article 28
				of the Public Health Law and article 31 of the Mental Hygiene Law.
(d) This Part does not apply to family care
				home providers, supported housing, case management programs, or other community
				support programs that are not required to obtain an operating
				certificate.
(e) This Part
				supersedes Part 51 of this Title as it relates to services operated by or under
				the auspices of the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
				action means the classification of projects not subject to prior approval
				review specified in this Part.
(b)
				Business days are defined as days other than Saturdays, Sundays and legal
				holidays. In computing business days, the day that the application is received
				shall be day one.
(c) Capacity:
(1) For inpatient and licensed housing
				purposes means the total number of beds listed on a program's operating
				certificate;
(2) For outpatient
				purposes means the number of recipients who can be served onsite at a given
				time.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.5 - Project planning and consultation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				It is the intent of this Part to expedite the review of projects to allow the
				operation of needed and appropriate projects without undue delay. For those
				projects that require issuance of an operating certificate, the applicant is
				expected to be knowledgeable about the requirements for operation of the
				program for which an operating certificate is sought.
(b) It is the intent of this Part to avoid
				unnecessary expenditures for the development of a project application. An
				applicant planning an extensive and expensive project is advised to ascertain
				the public need for the project within the existing system of mental health
				programs and services in the county or counties to be served by the project
				prior to submission of an application to the Office of Mental Health in
				accordance with this Part.
(c) The
				applicant shall consult with the local governmental unit through its director
				of community services or designee in the county or counties to be served by the
				project prior to submission of an application to the Office of Mental Health in
				accordance with this Part. The applicant shall provide sufficient information
				to the local governmental unit regarding the project being planned to enable
				appropriate consultation and advice.
(1) For
				E-Z PAR projects, the applicant must obtain a letter of support from the local
				governmental unit to be included with the E-Z PAR application. If the applicant
				is unable to obtain a response from the local governmental unit in a timely
				fashion, the applicant shall consult with the Office of Mental
				Health.
(2) Program proposing an
				administrative action as described under section
				551.6(d) 
				of this Part shall advise the local governmental unit of their intent, but are
				not required to obtain a letter of support.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.6 - Projects subject to prior approval review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All projects subject to prior approval
				review will be classified as comprehensive review projects or E-Z PAR review
				projects. If a project consists of two or more components that fall within
				separate classifications, the entire project shall be reviewed under the
				classification that affords reviewers the most time for review pursuant to
				section
				551.9(b) 
				of this Part. All time frames referenced within this section shall begin upon
				receipt of the project application by the Office of Mental Health.
(b) Projects classified as comprehensive
				review projects pursuant to this Part include:
(1) establishment of a new program by an
				applicant who is not currently licensed by the Office of Mental Health or who
				has been licensed for less than six months;
(2) establishment of licensed psychiatric
				inpatient beds, or expansion or reduction of licensed psychiatric inpatient
				beds by at least 15 percent of the licensed capacity of that site or by more
				than 10 beds, whichever is less;
(3) change of sponsor of a program licensed
				by the Office of Mental Health, where the new sponsor does not currently
				operate a program licensed by the Office of Mental Health or has been licensed
				for less than six months;
(4)
				closure of a licensed psychiatric inpatient program;
(5) capital projects that are part of a
				comprehensive PAR or projects that exceed $600,000 or a dollar amount
				determined by the commissioner based upon average construction cost increases
				subsequent to 2010; and
(6) a
				project otherwise eligible for E-Z PAR review that is reclassified as a
				comprehensive review project pursuant to section
				551.9(c) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.8 - Application for prior approval review-project scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants proposing projects under
				EZ-PAR or Comprehensive PAR review categories shall submit a letter of intent,
				on prescribed forms, to the Office of Mental Health and the local governmental
				unit(s), stating that the agency expects to submit an application for a PAR
				within the next 30-90 period. Submission of a letter of intent is not expected
				for projects deemed as an emergency.
(b) Applicants proposing projects shall
				submit applications in a form and format prescribed by the Office of Mental
				Health. Such form and format shall include instructions for submission of the
				application, and shall facilitate submission in either paper or electronic
				format.
(c) The application shall
				include information as specified by the Office of Mental Health which is
				relevant to the scope of the proposed project to enable review in accordance
				with the requirements of this Part.
(d) Projects that are subject to prior
				approval by the Department of Health under the Public Health Law shall submit
				an application as prescribed by the Department of Health. The Office of Mental
				Health reserves the right to request additional information from such
				applicants to enable conformance with the requirements of this Part.
(1) The Department of Health will request
				review of such applications by the Office of Mental Health prior to a final
				decision on the application. The Office of Mental Health will review these
				applications in accordance with the requirements of this Part before advising
				the Department of Health of the findings and recommendations of the
				review.
(2) To assure timely notice
				to the Office of Mental Health, the applicant shall submit a copy of the
				application to the Office of Mental Health, as well as the appropriate local
				governmental unit(s), at the time of submission of the application to the
				Department of Health.
(3) If the
				Department of Health does not require submission of an application for a
				project as described in this Part, the Office of Mental Health shall require
				submission of an application to the Office of Mental Health for prior approval
				review under this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.9 - Review of application for prior approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office of Mental Health shall review
				the application for completeness of information.
(1) For E-Z PAR applications, a completeness
				review will be made within three business days. The applicant shall be notified
				of any lack of information within five business days of receipt of the
				application. The applicant shall have 10 business days to provide the
				additional information. Failure to provide such information shall constitute
				withdrawal of the application.
(2)
				For comprehensive PAR applications, a completeness review will be made within
				five business days. The applicant shall be notified of any lack of information
				within seven business days of receipt of the application. The applicant will
				have 20 business days to provide the additional information. Failure to provide
				such information shall constitute the withdrawal of the application.
(3) If no additional information is
				requested, the application shall be considered as complete.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.10 - Review of physical facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				If the project includes acquisition, construction, substantial renovation, or
				alteration as defined in section
				551.4  of
				this Part, the applicant shall submit information as required by the Office of
				Mental Health to assure compliance with appropriate building, safety, and
				design standards. Such information shall be submitted within four months of
				Commissioner approval of the PAR application.
(b) If the premises are to be leased but not
				owned by the applicant, the applicant shall identify the owners of the premises
				and, if the owner is a corporation, include the names of all incorporators and
				directors. The lease or proposed lease shall include the following language:
"The landlord acknowledges that rights of reentry into the
				  premises set forth in this lease do not confer on the landlord the authority to
				  operate on the premises a facility for the mentally disabled, as defined in
				  article 1 of the Mental Hygiene Law."
(c) The Office of Mental Health shall review
				the submission required by this section and advise the applicant if additional
				information is required. When satisfied that the applicant has demonstrated the
				project will comply with applicable regulations and standards, the Office of
				Mental Health shall notify the applicant that he/she is approved to proceed
				with the project.
(d) Approval to
				proceed does not imply that the Office of Mental Health or any other State
				agency will be responsible for financing some or all costs associated with the
				project. The provider is responsible to ensure adequate funding is
				available.
(e) Approval of the
				project may be rescinded at the discretion of the Office of Mental Health if
				there is no substantial progress toward completion within six months of final
				approval or if a project falls six months behind the approved development
				schedule.
(f) The applicant shall
				request prior approval of any changes relating to the scope of the project or
				significant increase in the cost of the project.
(g) Upon completion of approved construction
				or renovations, the applicant shall submit a statement by the architect or
				engineer that all work has been completed in accordance with applicable codes
				and plans approved by the Office of Mental Health.
(h) Upon completion of the project, and prior
				to initiation of an approved program, an inspection of the site may be made by
				OMH to assure that the project has been completed in compliance with approved
				plans and is otherwise ready to be issued an operating certificate, if
				applicable. The Office of Mental Health may conduct such inspections prior to
				completion of the project.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.11 - Licensed housing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				establishment of licensed housing developed through the Office of Mental
				Health's request for proposal (RFP) process by entities currently operating
				licensed housing will not require submission of a PAR application. However, in
				order for licensed housing to receive an initial operating certificate,
				providers shall demonstrate compliance with applicable Parts of Title 14
				NYCRR.
(b) Projects which include
				new construction or substantial renovation as defined in section
				551.4  of
				this Part shall meet the following requirements:
(1) the facility shall be designed and
				constructed to be readily accessible to, and usable by, persons with physical
				disabilities;
(2) the design of the
				facility shall meet the most current requirements of the applicable sections of
				the Americans with Disabilities Act and the ADA Standards for Accessible Design
				( 28 CFR parts 35 and 36);
(3) all
				common use space shall be accessible; and
(4) no less than five percent of the
				facility's occupancy, or at least one bedroom, whichever is greater, shall be
				accessible.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 551 - Prior Approval Review For Quality And Appropriateness › Section 551.12 - Additional criteria for inpatient projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the criteria of sections
				551.7
				and
				551.10 
				of this Part, applications for inpatient projects shall be reviewed against
				criteria in this section.
(b) No
				application for the issuance of an operating certificate of a psychiatric
				inpatient unit of a hospital licensed pursuant to article 28 of the Public
				Health Law, which is applying for an operating certificate pursuant to Part 580
				of this Title, shall be granted unless the applicant hospital is, or will be,
				approved to admit individuals in emergencies pursuant to section 9.39  of the Mental Hygiene Law, except as
				or provided pursuant to the authority granted in section 31.04 (a)(4)  of the Mental
				Hygiene Law and as outlined below.
(1) The
				commissioner shall waive this requirement for a period of two years upon
				determination that:
(i) there is no public
				need for additional beds for emergency psychiatric admission in the service
				area. In determining such need, the factors which the commissioner shall
				consider include, but shall not be limited to:
(a) the current and projected population
				characteristics of the service area, including the prevalence of mental illness
				in the population;
(b) the current
				patterns of utilization of psychiatric services and the service demands of the
				service area; and
(c) the existence
				and availability of psychiatric resources available in the community;
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units › Section 552.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office
				of Mental Health (OMH) is accountable to the public for the resources provided
				to carry out services within State-licensed or operated facilities and program
				units that fall under its auspice. OMH has the responsibility to apply
				resources efficiently, effectively and economically to achieve the purposes for
				which the resources were appropriated.
(b) The purpose of this Part is to establish
				standards for the administration of audits which are conducted to measure the
				extent of compliance with applicable fiscal, administrative and program
				requirements.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units › Section 552.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 and
				31.04  of the Mental Hygiene Law grant the
				Commissioner of Mental Health the powers and responsibility to adopt
				regulations which are necessary to implement matters under his or her
				jurisdiction and to set standards of quality and adequacy of facilities,
				equipment, personnel, services, records and programs for the rendition of
				services for individuals with a diagnosis of mental illness pursuant to an
				operating certificate.
(b) Section 31.07  of the Mental Hygiene Law grants the
				commissioner the power to conduct investigations into the operation of
				providers and to make inspections and examine records, including, but not
				limited to medical, service and financial records of facilities.
(c) Section 31.09 (a)  of the Mental
				Hygiene Law grants the commissioner certain powers, including the power to
				inspect facilities and examine the records thereof.
(d) Section 31.11  of the Mental Hygiene Law
				establishes the duty of every holder of an operating certificate to assist the
				Commissioner of Mental Health by complying with the Mental Hygiene Law and
				other applicable laws and the regulations of the commissioner, and by
				cooperating with the commissioner in any investigation or inspection and
				permitting the commissioner or an authorized representative to inspect its
				facility and all books and records.
(e) Section 43.02 (a) and (b)  of the
				Mental Hygiene Law grant the commissioner the power to set rates for facilities
				licensed under article 31 of the Mental Hygiene Law and to require that such
				facilities submit such financial, statistical and program information as the
				commissioner may determine necessary. Section 43.02(c) authorizes the
				commissioner to adopt regulations establishing a uniform system of reports and
				audits relating to quality of care, utilization and cost of services.
(f) Sections 364 (3) and
				364-a (1)  of the Social
				Services Law establish the Office of Mental Health's responsibility for
				establishing and maintaining standards for care and services provided to
				persons eligible for Medicaid reimbursement in facilities under its
				jurisdiction in accordance with cooperative arrangements with the Department of
				Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units › Section 552.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any provider of services which operates a program which provides
				services to individuals with a diagnosis of mental illness and is licensed
				pursuant to article 31 of the Mental Hygiene Law. Additional rules concerning
				audits of private psychiatric hospitals and residential treatment facilities
				for children and youth are found in section
				577.6  and
				section
				578.6  of this
				Title, respectively.
(b) This Part
				applies to a State operated program which provides services to individuals with
				a diagnosis of mental illness.
(c)
				This Part applies to any provider of services which has entered into contract
				with or receives funding from the Office of Mental Health.
(d) This Part does not apply to a provider of
				inpatient services which is licensed pursuant to both article 28 of the Public
				Health Law and article 31 of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units › Section 552.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Abuse means
				practices that are inconsistent with sound fiscal, business, medical or
				professional practices and which result in unnecessary costs to the program,
				payments for services which were not necessary, or payments for services which
				fail to meet recognized standards for mental health care.
(b) Audit means a review and evaluation of a
				facility, program or unit by an objective and independent individual or team to
				determine whether or not resources and/or funds are being utilized in an
				appropriate and effective manner or to determine whether or not the expected
				results established by the Office of Mental Health, control agencies, the
				Legislature or other identified standard setting bodies are being
				achieved.
(c) Fraud means an
				intentional deception or misrepresentation made with the knowledge that the
				deception could result in an unauthorized benefit to the provider or another
				person and includes the acts prohibited by section 366-b  of the Social Services
				Law.
(d) Provider of service means
				the entity which is responsible for the operation of the facility or program.
				Such entity may be an individual, partnership, association or corporation. For
				purposes of this Part the term also applies to a psychiatric center, facility
				or program operated by the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units › Section 552.6 - Draft audit report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A draft
				audit report shall be issued identifying the items which are being disallowed
				and advising the provider of the basis for any proposed actions and the legal
				authority for such actions. When feasible, the draft report will also specify
				the amount of overpayment or proposed repayment. The draft report may also
				include other findings dealing with the provider of service's fiscal,
				administrative and program activities as well as recommendations to improve
				such activities.
(b) The draft
				audit report shall contain a clear statement of the action to be taken by the
				provider of service, shall afford an opportunity to object to the proposed
				action within 30 days of the issuance of the report and shall advise that a
				failure to respond within the time period allotted may result in the adoption
				of the draft report action as the final report.
(c) Unless otherwise granted an extension of
				time by the Office of Mental Health, the provider of service's response to the
				draft report must be mailed within 30 days of receipt of the report, which
				shall commence five days from the date of mailing. It shall include a statement
				detailing the specific items of the draft report to which the provider of
				service objects and provide any additional materials or documentation which the
				provider of service wishes to be considered in support of the
				objections.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 552 - Audits Of Office Of Mental Health Licensed Or Operated Facilities, Programs Or Units › Section 552.7 - Final audit report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				receipt of the provider of service's response to the draft report, or at any
				time after the expiration of 30 days from the mailing of the draft report, a
				final report may be issued. Prior to issuance of the final audit report, the
				Office of Mental Health must consider the provider of service's comments and,
				any supporting documents and materials which have been submitted.
(b) The final audit report shall include:
(1) a statement of the nature and amount of
				the audit findings, the basis for the action and the statutory, regulatory or
				other legal basis supporting the action;
(2) if necessary, a request for a clearly
				delineated plan of corrective action;
(3) a request that the provider of service
				attach a repayment schedule for the amount due the State as a result of the
				audit; and
(4) the provider of
				service's response to the draft audit report or, at the Office of Mental
				Health's discretion, a synopsis of such response.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 553 - Visitation And Inspection Of Facilities › Section 553.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All facilities
				under the jurisdiction of the Office of Mental Health will be visited and
				inspected by reviewers designated by the commissioner in accordance with the
				provisions of this Part. Unless otherwise specifically stated in this Part,
				reviewers shall be personnel of the office who are competent and qualified to
				conduct such inspections.
(b) This
				Part supersedes and replaces Part 71 of this Title with respect to facilities
				under the jurisdiction of the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 553 - Visitation And Inspection Of Facilities › Section 553.3 - Scope of reviews and inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
				this Part, "facilities under the jurisdiction of the Office of Mental Health"
				shall mean facilities required to obtain an operating certificate from the
				Commissioner pursuant to Article 31 of the Mental Hygiene Law.
(b) Prior to visiting a facility, the
				reviewer will study reports of previous reviews and inspections and the
				following information submitted by the facility:
(1) clinical and statistical data,
				and
(2) the policies of the
				facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 553 - Visitation And Inspection Of Facilities › Section 553.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise provided in subdivision (b) of this section, a written report of each
				review and inspection shall be developed and sent to the facility by the office
				and shall include, as indicated, significant findings of merit or opportunities
				for improvement with regard to any aspects of the facility. When required, the
				facility shall respond with an action plan addressing the office's
				findings.
(b) For hospitals that
				have been granted deemed status pursuant to section
				553.5  of
				this Part, such hospital, or The Joint Commission or other approved
				accreditation agency, will provide the office with a copy of the final
				accreditation report. When required, the facility shall respond to The Joint
				Commission and the Office with an action plan addressing The Joint Commission's
				findings.
(c) The office shall make
				available copies of reports that it has developed and sent to facilities in
				accordance with subdivision (a) of this section to the local governmental unit
				for facilities within such local governmental unit's jurisdiction, provided,
				however, for hospitals which have been granted deeming status under section
				553.5  of
				this Part, such hospitals shall provide a copy of the final report developed by
				The Joint Commission to the local governmental unit, upon its
				request.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 557 - COVID-19 Vaccination Program › Section 557.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) COVID-19 is an
				unpredictable disease that can cause serious illnesses and death. In response
				to this increased public health threat, New York must take active steps to
				prevent and control transmission of COVID-19. The seriousness of the continuing
				threat and the failure to achieve acceptable vaccination rates through
				voluntary programs necessitate further action.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 557 - COVID-19 Vaccination Program › Section 557.2 - 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 seeing that persons with
				mental illness are provided with care and treatment, and that such care,
				treatment and rehabilitation is of high quality and effectiveness.
(b) Section 7.09  of the Mental Hygiene Law gives the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under the Commissioner's
				jurisdiction.
(c) Section 31.04  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				to effectuate the provisions and purposes of Article 31 of the Mental Hygiene
				Law, including procedures for the issuance and amendment of operating
				certificates, and for setting standards of quality and adequacy of
				facilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 557 - COVID-19 Vaccination Program › Section 557.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to Hospitals and STARC Programs as defined in Part 557.4.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 557 - COVID-19 Vaccination Program › Section 557.4 - Definitions pertaining to this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				shall mean the Commissioner of Mental Health.
(b) COVID-19 vaccine or vaccine shall mean a
				vaccine currently licensed for immunization and distribution in the United
				States by the Food and Drug Administration (FDA) for active immunization for
				the prevention of COVID-19, or authorized for such use by the FDA pursuant to
				an Emergency Use Authorization (EUA) or as an Emergency Investigational New
				Drug (EIND).
(c) Fully Vaccinated
				shall mean fully vaccinated for COVID-19 for a period of 2 weeks or more after
				receiving either (1) the second dose in a 2-dose series (e.g., Pfizer-BioNTech
				or Moderna), or (2) a single-dose vaccine (e.g., Johnson & Johnson
				/Janssen), authorized for emergency use or approved by the U.S. Food and Drug
				Administration, and holds an emergency use listing by the World Health
				Organization.
(d) Hospital shall
				mean a hospital named in Mental Hygiene Law section 7.17(b), excluding the
				Nathan S. Kline Institute for Psychiatric Research. Hospital shall also mean a
				program operated pursuant to Parts 580, 582, or 590 of this Title.
(e) Office shall mean the Office of Mental
				Health.
(f) Staff shall mean all
				persons employed or affiliated with a Hospital, or STARC Program, whether paid
				or unpaid, including but not limited to employees, members of the medical,
				nursing, and other treatment staff, contract staff, students, and
				volunteers.
(g) STARC Program shall
				mean a secure treatment facility operated pursuant to Section 7.18  of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 557 - COVID-19 Vaccination Program › Section 557.5 - Testing and Vaccination Requirements for Hospitals and STARC Programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hospitals and
				STARC Programs shall require Staff to be Fully Vaccinated.
(b) New Staff shall not commence their duties
				until they have been Fully Vaccinated.
(c) A reasonable accommodation may be made
				for Staff who have a documented health condition that prevents them from
				complying with the vaccine requirements herein. When a reasonable accommodation
				is approved for a Staff member, they must comply with the following testing
				provisions.
(d) Staff who have been
				granted such a reasonable accommodation are required to undergo diagnostic
				screening testing. Employers and supervisors may choose either antigen or
				molecular tests, based upon the appropriateness to their setting, to satisfy
				this requirement. Staff must be tested at least once weekly. Any test used must
				either have Emergency Use Authorization by the U.S. Food and Drug
				Administration or be operating per the Laboratory Developed Test requirements
				of the U.S. Centers for Medicare and Medicaid Services.
(e) Any Staff who work in Hospitals or STARC
				Programs who do not comply with the provisions of this Part shall not be
				permitted to report to work.
(f)
				Staff for whom a positive test result is received must comply with Office and
				New York State Department of Health regulations and guidance applicable to
				those who receive a positive test result.
(g) Hospitals and STARC Programs shall
				maintain records of their compliance with the requirements of this Part. Upon
				request by the Office, Hospitals and STARC Programs shall verify the
				vaccination status of all Staff, and must provide such requested information to
				the Office. Each Hospital or STARC Program shall require Staff to produce
				documentation to show all vaccine administrations. Acceptable documentation of
				vaccination status shall consist of one of the following:
(1) a COVID 19 vaccination record card issued
				by the CDC or equivalent, including the name of the person vaccinated, date of
				birth, type of vaccine provided and date(s) of administration.
(2) documentation of COVID-19 vaccination
				from a health care provider; or
(3)
				a digital record such as the New York State Excelsior Pass that includes a QR
				code that when scanned displays the name of the person vaccinated, date of
				birth, type of vaccine provided, and date(s) of
				administration.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 573 - Operating Certificate Issuance And Limitation › Section 573.1 - Issuance of operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for operating certificates
				shall be submitted on a form provided by the office which shall specify:
(1) identification of the governing body and
				its legal base;
(2) the class of
				operating certificate for which application is made; and
(3) identification of the facilities and
				programs to be operated.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 573 - Operating Certificate Issuance And Limitation › Section 573.2 - Special requirements for eligibility for operating certificates applicable to business corporations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				business corporation shall be eligible for issuance of an operating certificate
				unless the following requirements have been met as established by documents
				submitted to the commissioner:
(1) The
				corporate powers and purposes stated in the certificate of incorporation shall
				specify the ownership and operation, or operation, of a facility or facilities
				specifically named, the location or locations of which are specifically
				designated.
(2) The corporate
				powers and purposes as stated in the certificate of incorporation shall not
				include any powers or purposes which are not necessary to the operation of a
				facility as defined in section 72.3 of this Title.
(3) The location of the principal office of
				the corporation shall be the same as that of a facility which is to be operated
				by the corporation in the State of New York.
(4) No person shall own more than 10 percent
				of the shares of stock of the corporation or control more than 10 percent of
				the voting rights of the corporation unless prior written approval by the
				commissioner has been obtained.
(5)
				The corporation shall obtain prior written approval by the commissioner of all
				incorporators or directors of record as to their character and
				experience.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 573 - Operating Certificate Issuance And Limitation › Section 573.3 - Denial of application for or limitation of initial operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall not deny any application or limit any
				  initial operating certificate without giving the applicant an opportunity to be
				  heard in accordance with Part 503 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 573 - Operating Certificate Issuance And Limitation › Section 573.4 - Revocation, cancellation, limitation or suspension of any operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall not revoke, cancel, limit or suspend
				  any operating certificate without giving the party in interest notice of the
				  proposed action and an opportunity to be heard in accordance with Part 503 of
				  this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 573 - Operating Certificate Issuance And Limitation › Section 573.5 - Temporary suspension or limitation of any operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
When the commissioner has temporarily suspended or limited an
				  operating certificate for a period not in excess of 60 days as provided in
				  section 31.16 (b)  of the Mental
				  Hygiene Law, the facility operator may request an evidentiary hearing to
				  contest the validity of the emergency suspension or limitation in accordance
				  with Part 503 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 574 - Standards Pertaining To Payment For Hospitals Licensed By The Office Of Mental Health › Section 574.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of these regulations is to establish standards pertaining to payments made by
				government agencies pursuant to title 11 of article 5 of the Social Services
				Law for services provided to patients of hospitals licensed by the Office of
				Mental Health in accordance with the provisions of Part 582 of this
				Title.
(b) In order to be eligible
				for payments pursuant to title 11 of article 5 of the Social Services Law, a
				hospital must comply with the requirements of the Mental Hygiene Law, Parts
				574, 577 and 582 of this Title and applicable provisions of title XIX of the
				Social Security Act as identified in section
				502.2(c) 
				of this Title.
(c) The Medical
				Assistance Program in New York State is administered by the New York State
				Department of Health by and through local social services districts in
				cooperation with various State agencies, including the Office of Mental Health;
				or by the New York State Department of Health by and through various State
				agencies, including the Office of Mental Health.
(d) The standards for payment established by
				these regulations are intended to limit hospitals eligible for payment to those
				that meet State and Federal requirements.