reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter A - General Provisions › Part 70 - Classes Of Operating Certificates › Section 70.4 - Classes of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Schools for the mentally retarded shall
				  be a class of operating certificate. All facilities for the residential care,
				  treatment, training or education of the mentally retarded which are required by
				  law to be operated only in accordance with an operating certificate issued by
				  the commissioner shall be eligible for an operating certificate only in the
				  schools for the mentally retarded class.
(b) Hospitals for the mentally ill shall be a
				  class of operating certificate. All facilities for the inpatient care or
				  treatment of the mentally ill, including but not limited to facilities
				  maintained by a political subdivision of the State and any part of a general
				  hospital operated for the purpose of providing inpatient services to the
				  mentally ill, which are required by law to be operated only in accordance with
				  an operating certificate issued by the commissioner shall be eligible for an
				  operating certificate only in the hospitals for the mentally ill
				  class.
(c) Alcoholism facilities
				  shall be a class of operating certificate. All facilities for the inpatient
				  care and treatment of alcoholics, including but not limited to any part of a
				  general hospital operated for the purpose of providing inpatient services to
				  alcoholics, which are required by law to be operated only in accordance with an
				  operating certificate issued by the commissioner shall be eligible for an
				  operating certificate only in the alcoholism facilities class.
(d) Outpatient facilities for the mentally
				  disabled shall be a class of operating certificate.
(1) All facilities for the outpatient or
				  nonresidential examination, diagnosis, care, treatment, rehabilitation, or
				  training of the mentally ill, the mentally retarded, or alcoholics, or any
				  combination thereof, which are required by law to be operated only in
				  accordance with an operating certificate issued by the commissioner shall be
				  eligible for an operating certificate in the outpatient facilities for the
				  mentally disabled class.
(2) Any
				  facility eligible for an operating certificate in the outpatient facilities for
				  the mentally disabled class which is operated in conjunction with an inpatient
				  or residential facility eligible for an operating certificate may be included
				  in the latter operating certificate issued to a single provider of
				  services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				  Part "physical plant" or "physical facilities" refer to all buildings,
				  structures, land, land improvements or other appurtenances on the site of a
				  hospital for the mentally ill, residential school for the mentally retarded, or
				  alcoholism facility certified or to be certified or constructed in accordance
				  with article 13 of the Mental Hygiene Law.
(b) This Part shall not apply to any facility
				  operated as part of a general hospital as defined in section 2801  of the Public Health Law. Such
				  facilities shall meet requirements established in the State Hospital
				  Code.
(c) This Part shall not apply
				  to any facility established by article 7 of the Mental Hygiene Law or Part 55
				  of this Title.
(d) This Part shall
				  apply to all existing facilities in these classes in accordance with the
				  provisions of section
				  77.11 
				  of this Part.
(e) Living units are
				  those places within the facility wherein patients or residents sleep or engage
				  in unorganized activity including bedrooms, lounges, bathrooms, corridors, and
				  other spaces appurtenant thereto.
(f) As used in this Part waive or waiver
				  shall mean the act of removing the application to a facility of a specific
				  provision of this Part upon application by the facility and for good cause
				  shown.
(g) As used in this Part
				  defer or deferral shall mean the act of postponing application to a facility of
				  a specific provision of this Part upon application by the facility showing a
				  plan designed to produce compliance at a scheduled future time.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.2 - The site and space utilization plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each hospital for the mentally ill,
				  school for the mentally retarded and alcoholism facility shall prepare and
				  maintain a site and space utilization plan for all existing physical facilities
				  utilized whether on the main site or elsewhere. The site and space utilization
				  plan and amendments thereto shall be submitted to the department. The site and
				  space utilization plan shall contain all information as specified in this
				  section.
(b) The site and space
				  utilization plan shall include a description of the site specifying the
				  following:
(1) The location of the facility,
				  and specification of the local regulatory authorities governing zoning,
				  planning, health, fire prevention and sanitation.
(2) Means of access to the facility,
				  including public and private roads and public transportation serving the
				  site.
(3) The physical properties
				  of the site including:
(i) A property map
				  which indicates the property lines and existing improvements.
(ii) The operation of the facility under a
				  zoning ordinance or special permit, if applicable.
(iii) The characteristics of the immediate
				  neighborhood of the facility including the residential composition and land use
				  surrounding the property.
(iv) The
				  circulation through the property including the size and materials of the roads
				  and parking areas and existence of any public thoroughfare on the
				  site.
(v) The size and capacity of
				  electric service, water, gas, and sewage facilities.
(vi) Size and location of existing outdoor
				  recreation areas such as pools, playgrounds and gardens.
(vii) The location and physical description
				  of the existing buildings, including dimensions and architectural features, and
				  existence of any bodies of water, natural woods, precipices, or other natural
				  features posing potential hazard. Photographs should be included when
				  appropriate.
(viii) Areas consigned
				  to others for use unrelated to the operation of the facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.3 - Codes and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  entire physical plant of a hospital for the mentally ill or residential school
				  for the mentally retarded or alcoholism facility shall be constructed and
				  maintained to be structurally sound, physically safe, sanitary, convenient and
				  comfortable. To meet these requirements, all applicable provisions of the
				  following codes and guides, as amended, shall be complied with:
(1) the Building Code of New York State and
				  the Property Maintenance Code of New York State (Title 19 NYCRR Chapter XXXIII,
				  Subchapter A, Parts 1221 and 1226);
(2) Life Safety Code 101 of the National Fire
				  Protection Association. The commissioner may waive the application of specific
				  provisions of the Life Safety Code to an existing facility for such periods as
				  he deems appropriate, which provisions if rigidly applied would result in
				  unreasonable hardship upon a facility, but only if such waiver will not
				  adversely affect the health and safety of the patients or residents;
(3) the American Society of Heating,
				  Refrigeration and Air Conditioning Engineers Guide;
(4) the Illuminating Engineering Society
				  Handbook;
(5) Food Service
				  Sanitation Publication #934 of the United States Department of Health,
				  Education and Welfare;
(6) ASA
				  Z66.1 American Standards Specifications to Minimize Hazards to Children from
				  Residual Surface Coating Material;
(7) USA Standards Institute Specifications
				  for Making Buildings Accessible to and Usable by the Physically
				  Handicapped;
(8) New York State
				  Department of Environmental Conservation requirements for waste disposal and
				  air quality;
(9) New York State
				  Department of Health requirements for water supply and sewage
				  disposal.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.4 - Safety and sanitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				  shall be adequate insect screens on all windows to be used for
				  ventilation.
(b) Domestic hot water
				  shall be generated and circulated at 110 degrees Fahrenheit without the use of
				  thermostatically controlled mixing valves and be equipped with a high
				  temperature alarm providing both auditory and visual signals having a set point
				  of 120 degrees Fahrenheit located in an office or other location normally
				  occupied by supervising personnel. Shower mixing valves shall be of the
				  pressure balance type. A separate source of hot water or booster heater shall
				  be provided for kitchens and other appliances and fixtures requiring
				  temperatures in excess of 110 degrees Fahrenheit.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.5 - Maintenance and operation of the physical plant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Plumbing.
(1) A supply of hot and cold water adequate
				  in volume and pressure shall be provided to all areas of the
				  facility.
(2) The water system
				  shall not be operated with physical connections to other systems that may
				  permit contamination of the water supply.
(3) All plumbing fixtures shall be kept in
				  working order at all times.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.6

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.7 - Design and space requirements-all facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The design and furnishing of all
				  facilities shall promote a noninstitutional homelike environment, provide for
				  individual privacy and further the effective operation of all
				  programs.
(2) The physical plant
				  shall be designed with primary consideration given to meeting program needs of
				  the patients or residents and only secondarily for [cont'd] the convenience and
				  efficiency of staff or economy of construction and operation.
(3) Individual buildings may be
				  self-sufficient entities or have special purposes as may be necessitated by the
				  facility's program and indicated in the site and space utilization
				  plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.8 - Design and space requirements-hospitals for the mentally ill

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Bedrooms shall provide at least 80 square
				  feet per patient in multiple sleeping rooms and not less than 100 square feet
				  in single rooms.
(1) The maximum number of
				  beds in any room shall be four.
(2)
				  Single bedrooms shall be provided for a minimum of 10 percent of the total
				  capacity of the facility.
(3) Each
				  patient bedroom shall be at or above grade and shall be an outside
				  room.
(4) In existing facilities,
				  up to 15 percent of the required 80 or 100 square feet may be waived by the
				  commissioner for cause based on such factors as out of bedroom space available,
				  program schedules and others.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.9 - Design and space requirements-residential schools for the retarded

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Bedrooms shall
				  provide at least 80 square feet per resident in multiple sleeping rooms and not
				  less than 100 square feet in single rooms.
(1)
				  The maximum number of beds in any room shall be four.
(2) In existing facilities, up to 15 percent
				  of the required 80 and 100 square feet may be waived by the commissioner for
				  cause based on such factors as out-of-bedroom space available, program
				  schedules, and others indicating reduced need for bedroom space.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.10 - Design and space requirements-alcoholism facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Alcoholism facilities providing
				  detoxification services to acutely medically ill alcoholics shall meet all
				  applicable requirements of Part 712 of the State Hospital Code (10 NYCRR Part
				  712).
(b) All other alcoholism
				  facilities shall meet the following requirements:
(1) Bedrooms shall provide at least 80 square
				  feet per patient in multiple sleeping rooms and not less than 100 square feet
				  in single rooms.
(2) The maximum
				  number of beds in any room shall be four.
(3) Closets or wardrobes shall be provided
				  within the room for each individual's clothing and other personal
				  property.
(4) Bathrooms shall be
				  provided in living units in sufficient numbers and locations to ensure privacy
				  and convenience. One watercloset, one lavatory and one shower or tub shall be
				  provided for each six beds.
(5)
				  Offices or work areas for staff shall be provided in living units. Such offices
				  or work areas shall be provided in sufficient locations and numbers to
				  facilitate effective supervision and monitoring of patient activity. When
				  necessary or appropriate, such office or work area shall include facilities for
				  the proper storage, preparation and use or dispensing of medications and
				  emergency medical supplies and equipment.
(6) The facility shall provide space of
				  sufficient size and type set aside for use for planned organized program
				  activities.
(i) A minimum of 50 square feet
				  per patient shall be provided and appropriately designed and equipped for
				  vocational, social and organized group activities.
(ii) A minimum of 20 square feet of space per
				  patient shall be provided and appropriately designed and equipped for organized
				  indoor recreational activities.
(iii) Program and recreation space may be
				  provided in premises detached and separate from those containing living units,
				  if patients are able to move freely enough to use such space. At least 20
				  square feet per patient shall be provided in residence buildings easily
				  accessible from bedrooms to be used for a lounge, communal living or other
				  non-program purposes.
(8) Separate individual interview rooms shall
				  be provided if required by the program and if staff offices are not suitable or
				  sufficient for this use.
(9)
				  Separate examining and treatment rooms of appropriate size and appropriately
				  furnished and equipped shall be provided as required by the program for
				  medical, dental, nursing, psychology and other services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter C - Construction Of Facilities › Part 77 - Standards For Physical Facilities Of Hospitals For The Mentally Ill, Schools For The Retarded, And Alcohol Facilities › Section 77.11 - Non-conforming facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  facility which has a valid license or operating certificate on the effective
				  date of this Part, which does not meet all the requirements of this Part shall
				  not be relicensed or recertified unless the license or certificate holder
				  applies for and is granted a deferral of any requirement not met. No deferral
				  shall be granted unless the facility has submitted a complete and adequate site
				  and space utilization plan prepared in accordance with section
				  77.2 
				  of this Part.
(b) Deferral of
				  requirements of the life safety code.
(1) No
				  applicable requirement of the Life Safety Code 101 may be deferred for more
				  than one year after receipt of the request for deferral, except as approved by
				  the commissioner to reflect estimated time necessary to complete construction
				  which may be involved.
(2) Deferral
				  may be granted only if
(i) Compensatory
				  devices, actions and procedures will be implemented to render the physical
				  plant as safe as possible during the period of deferral; and
(ii) A plan is submitted for replacement,
				  renovation, reconstruction, alteration or improvement which will result in
				  complete compliance with all applicable life safety code requirements within
				  the period during which deferral is granted.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
				  intended to promote the application of the most effective methods by which the
				  mentally retarded may be helped to achieve maximum self-sufficiency while
				  assuring their safety and general well-being.
(b) The Mental Hygiene Law requires the
				  certification of any residential facility operated by an individual,
				  association, corporation, or public or private agency to provide examination,
				  diagnosis, treatment, rehabilitation or training to people with subaverage
				  intellectual functioning which originates during the developmental period and
				  is associated with impairment in adaptive behavior. A number of terms are in
				  common usage to designate such facilities, among them being residential
				  facility for the mentally retarded, home for children, training center, and
				  school for exceptional children. In an effort to make more comfortable their
				  utilization by the mentally retarded, some schools for the mentally retarded
				  have made use of less distinctive titles, some of which convey no indication of
				  their purpose.
(1) While affectionate
				  attention and concern are necessary to the mentally retarded for them to
				  thrive, those settings which purposefully replicate community or family living
				  and provide only domestic care and comfort but no specialized programs are not
				  considered eligible for certification under this Part.
(2) While both mentally retarded and
				  emotionally disturbed children may benefit by a number of similar methods of
				  care and treatment, and in consideration of the significant degree of
				  specificity which is equally important, the department intends this Part to
				  apply to facilities which provide services specifically for the mentally
				  retarded. Any exceptions will be clearly specified upon the operating
				  certificate, based upon appropriate modifications in the program acceptable to
				  the department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Mental
				  Hygiene Law, section
				  13.01, prohibits any individual,
				  association, corporation or public or private agency from operating a
				  residential facility, school or institution for the examination, diagnosis,
				  care, treatment, rehabilitation or training of persons with mental disabilities
				  including mental retardation unless an operating certificate has been obtained
				  from the Commissioner of Mental Hygiene. Sections 13.07, 13.09, 13.13 and 13.19
				  further authorize the commissioner or his representatives to examine and
				  inspect such facilities to determine their suitability and proper operation.
				  Sections 13.15 and 13.17 authorize the commissioner to suspend, revoke or limit
				  any operating certificate.
(b) The
				  Mental Hygiene Law, section
				  13.03, empowers the commissioner to adopt
				  regulations pertaining to the regulation and quality control of services for
				  the mentally disabled, as he may deem necessary to carry out the provisions of
				  article 13 of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.3 - Definitions pertaining to this part

Current through Register Vol. 46, No. 28, July 10, 2024
A school shall mean any residential facility or institution
					 providing a program of 24-hour professional care and treatment of mentally
					 retarded persons.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.4 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No school for
				  the mentally retarded may be operated without a valid operating certificate
				  issued by the New York State Department of Mental Hygiene.
(b) Application for new and renewal
				  certificates shall be submitted as directed by the department.
(c) A certificate valid for a period not to
				  exceed two years shall be issued to schools which satisfactorily meet the
				  conditions stated in this Part.
(d)
				  The current certificate shall be framed and displayed in a conspicuous place
				  which is readily accessible to the public.
(e) Certificates shall remain the property of
				  the department and expired, invalidated, revoked or terminated certificates
				  shall be returned to the department.
(f) The certificate holder shall obtain prior
				  approval by the department to:
(1) Change the
				  physical location of the school or utilize additional physical locations or
				  premises.
(2) Change the duties or
				  qualifications of the position of director or responsible physician.
(3) Initiate major changes in the program of
				  the school.
(4) Change the powers
				  or purposes set forth in any certificate of incorporation or partnership
				  agreement.
(5) Change the maximum
				  certified resident capacity of the school.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.5 - Organization and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Organization.
(1) The governing body shall be
				  responsible for the overall operation and management of the school.
(2) The governing body shall establish and
				  maintain current a plan of organization for the school which clearly indicates
				  lines of accountability, the nature of professional responsibility to be
				  exercised according thereto, and the professional qualifications
				  required.
(3) The governing body
				  shall develop and revise as necessary written policies for the quantity,
				  quality, scope, goals, objectives, and evaluation of all programs, policies for
				  the accomplishment of stated purposes, and personnel policies. Personnel
				  policies shall prohibit discrimination on the basis of race, creed, sex, age or
				  national origin.
(4) Minutes of all
				  official meetings of the governing body shall be maintained as permanent record
				  of the decisions made in relation to the operation of the school.
(5) Ongoing direction and control of the
				  facility's program shall be delegated by the governing body to an
				  appropriately-qualified professional. For the purposes of this Part this person
				  shall be known as the director.
(6)
				  Administrative management of the facility may be delegated by the governing
				  body to an appropriately-qualified administrator.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.6 - Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The governing body shall develop program
				  policies which indicate the diagnostic and functional group or groups to be
				  served, upper and lower age limits, any limitations on the length of residence,
				  the provision of medical and nursing care, the administration of discipline,
				  the assurance of proper hygiene and clothing, sources of referral, admission
				  and discharge criteria and procedures, criteria for functional groupings and
				  other aspects that help to define the operation of the school.
(2) Direct services to residents shall be
				  provided in accordance with an individual written plan of care, treatment and
				  training specifying the nature of the conditions and the disabilities found to
				  be present and those which are to be affected, relating these to the methods of
				  care, treatment and training to be provided, identifying the intended benefits
				  of care and treatment and providing for appropriate review and revision.
				  Integrated residential communities, as defined in section
				  27.2(g) 
				  of this Title, shall be exempt from the requirements of this section and shall
				  instead comply with section
				  27.3(f) 
				  of this Title.
(3) The program
				  shall be sufficiently comprehensive to provide residents with opportunities to
				  engage in social and recreational activities both at the school and in the
				  community to the extent of their capability.
(4) The school shall maintain a congenial
				  group living spirit and shall encourage those activities which contribute to
				  personal development and satisfaction and are common in normal homes.
(5) There shall be supervisory personnel on
				  duty at the school at all times.
(6) A single case record, which contains
				  current information regarding diagnosis, treatment and training, and evaluation
				  of results of care, treatment and training for each person served, shall be
				  available to all professional staff involved in the care or treatment of that
				  person. In the circumstance of an integrated residential community, as defined
				  in section
				  27.2(g) 
				  of this Title, paragraph (7) of this subdivision shall be
				  controlling.
(7) Appropriate access
				  to the case records of an integrated residential community which contain
				  current information regarding diagnosis, treatment, training, and assessment of
				  the results of care for each person served, shall be guaranteed by the provider
				  agency. Information will be made available to staff interacting with the
				  client, consulting professionals, parents and OMRDD staff in accordance with
				  the facility's policies, subject to the review and approval of OMRDD.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.7 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The school
				  shall continuously employ an adequate number of appropriately qualified staff
				  to carry out the program of examination, diagnosis, care, treatment and
				  training effectively. A written rationale for the staffing pattern utilized
				  shall be provided to the department.
(b) The responsible physician and all staff
				  or consulting physicians shall be currently registered and licensed to practice
				  medicine in the State of New York; their qualifications shall be reported to
				  the department at the time of their employment.
(c)
(1) All
				  staff members providing services as members of professions, the practice of
				  which is by law required to be licensed, certified or registered, shall file
				  documentation of compliance with the governing body; this documentation shall
				  be retained on file and made available to the department upon
				  request.
(2) If education is
				  provided on the premises, the educational program shall be under the direction
				  of a teacher certified in special education by the New York State Education
				  Department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.8 - Records and statistics

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Case
				  records.
(1) There shall be an individual
				  record for each person admitted to the school.
(2) Each case record shall include:
(i) legal admission documents;
(ii) identifying information on the
				  individual and his family;
(iii)
				  source of referral, date of commencing service and name of staff member
				  carrying overall responsibility for treatment and care;
(iv) initial, intercurrent and final
				  diagnoses, including psychiatric or mental retardation diagnoses in official
				  terminology;
(v) reports of all
				  diagnostic examinations and evaluations, including findings and
				  conclusions;
(vi) reports of all
				  periodic medical, dental, eye and hearing examinations;
(vii) reports of all special studies
				  performed, including X-rays, clinical laboratory tests, clinical psychological
				  testing, electro-encephalograms, psychometric tests;
(viii) the individual written plan of care,
				  treatment and training (section
				  81.6[a][2] 
				  of this Part) or the program narrative as discussed in section
				  27.3(f) 
				  of this Title for integrated residential communities as defined in section
				  27.2(g).
				  Integrated residential communities pursuant to section
				  27.2(g) 
				  shall comply with section
				  27.3(f) 
				  and are exempt from the requirements of subparagraphs (a)(2)(ix), (x) and (xii)
				  of this section;
(ix) progress
				  notes written and signed by all staff members having significant participation
				  in the program of treatment and care;
(x) summaries of case conferences and special
				  consultations;
(xi) dated and
				  signed prescriptions or orders for all medications with notation of termination
				  dates;
(xii) a closing summary of
				  the course of treatment and care; and
(xiii) documentation of any referrals to
				  another agency.
(3)
				  Patient records shall be safeguarded for confidentiality and be made accessible
				  only to authorized persons.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.9 - Community relations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  facility shall participate appropriately in local, institutional and regional
				  planning related to programs for the mentally retarded.
(b) Significant changes in the program of the
				  facility shall take into account studies of needs and resources in the
				  geographic area served by the facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 81 - Operation Of Schools For The Mentally Retarded › Section 81.10 - Fees and reimbursement fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Fees in schools and integrated residential communities.
(1) Fees shall be subject to the approval of
				  the commissioner, who shall act with the concurrence of the Director of the
				  Budget.
(2) Fees shall be adjusted
				  to reflect each client's ability to pay. Fees charged recipients of public
				  assistance or Supplemental Security Income benefits shall not exceed amounts
				  available to such persons under law less the personal allowance required to be
				  reserved for the use of the recipient pursuant to State law and
				  regulations.
(3) Subject to the
				  availability of resources to clients, the commissioner, with the concurrence of
				  the Director of the Budget, may approve temporary increases in fees to meet
				  extraordinary expenses generally incurred by providers. Such increases in fees
				  may be individually calculated to reflect extraordinary expenses actually
				  incurred by each provider.
(4)
				  Requests for approval of fees or temporary increases in fees shall be made in
				  accordance with procedures prescribed by the Commissioner of Mental Retardation
				  and Developmental Disabilities.
(5)
				  Upon approval of a fee or a temporary increase in fees, the provider shall give
				  the client 30 days' written notice of the implementation of the adjusted
				  fee.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Mental
				  Hygiene Law, section 13.01, prohibits any public agency, board
				  or commission or any corporation from operating a facility established or
				  maintained to provide nonresidential or outpatient examination, diagnosis,
				  care, treatment, rehabilitation or training of persons with mental
				  disabilities, including mental illness, mental retardation or alcoholism,
				  unless an operating certificate has been obtained from the Commissioner of
				  Mental Hygiene.
(1) Certain exemptions to the
				  basic scope of application noted above are provided for in section
				  13.01 of the Mental Hygiene Law, including
				  the following:
(i) professional practice, on
				  an individual or partnership basis, authorized by professional licensure or
				  professional certification such as that granted by the Boards of Examiners of
				  the State Education Department;
(ii) professional practice for profit by a
				  professional service corporation duly incorporated pursuant to article 15 of
				  the Business Corporation Law;
(iii)
				  nonresidential services for the mentally disabled which are provided in
				  accordance with licensure or other supervision by a State agency other than the
				  Department of Mental Hygiene;
(iv)
				  nonresidential services for the mentally disabled which are provided directly
				  by any agency or department of the State;
(v) nonresidential services for the mentally
				  disabled which are provided in accordance with purposes authorized in a charter
				  or certificate of incorporation issued pursuant to the Education Law;
				  and
(vi) pastoral counseling by a
				  clergyman or minister, as such a title is defined in section 2  of the Religious Corporations Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.3 - Definitions pertaining to this part

Current through Register Vol. 46, No. 28, July 10, 2024
Outpatient facility or nonresidential facility shall mean
					 any clinic, center, institute, hospital, school, institution or other place
					 providing a program of services for the mentally disabled on other than a
					 24-hour basis and not including overnight stay by those
					 served.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.4 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No outpatient
				  facility may be operated without a valid operating certificate issued by the
				  New York State Department of Mental Hygiene.
(b) Application for new and renewal
				  certificates shall be submitted as directed by the department.
(c) A certificate valid for a period not to
				  exceed two years shall be issued to outpatient facilities which satisfactorily
				  meet the conditions stated in this Part.
(d) The current certificate shall be framed
				  and displayed in a conspicuous place which is readily accessible to the
				  public.
(e) Certificates shall
				  remain the property of the department, and expired, invalidated, revoked or
				  terminated certificates shall be returned to the department.
(f) The certificate holder shall obtain prior
				  approval by the department to:
(1) change the
				  physical location of the outpatient facility, utilize additional physical
				  locations or operate mobile programs;
(2) change the duties or qualifications of
				  the position of director of the outpatient facility;
(3) initiate major changes in the program of
				  the outpatient facility; or
(4)
				  change the powers or purposes set forth in any certificate of
				  incorporation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.5 - Organization and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Organization.
(1) The certificate holder
				  shall identify individually by name a group of persons responsible for the
				  overall operation and management of the outpatient service. For purposes of
				  this Part, this group shall be known as the governing body.
(2) The governing body shall establish and
				  maintain current a plan of organization for the outpatient facility which
				  clearly indicates lines of accountability, the nature of professional
				  responsibility to be exercised according thereto, and the professional
				  qualifications required.
(3) The
				  governing body shall develop and revise as necessary written policies for the
				  quantity, quality, and scope, goals, objectives, and evaluation of all
				  programs, policies for the accomplishment of stated purposes, and personnel
				  policies. Personnel policies shall prohibit discrimination on the basis of
				  race, creed, sex, age or national origin.
(4) Minutes of all official meetings of the
				  governing body shall be maintained as permanent record of the decisions made in
				  relation to the operation of the outpatient facility.
(5) Ongoing direction and control of the
				  program of the facility shall be delegated by the governing body to an
				  appropriately qualified professional. For the purposes of this Part this person
				  shall be known as the director.
(6)
				  Administrative management of the facility may be delegated by the governing
				  body to an appropriately qualified administrator.
(7) No person shall serve as both a member of
				  the governing body and of the paid staff of the facility without the prior
				  approval of the commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.6 - Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All direct
				  services shall be provided in accordance with principles of continuity of care,
				  whereby a single member of the professional staff shall exercise primary
				  responsibility for each person served at all times, and as assured by written
				  agreements with other facilities for the provision of specialized services not
				  directly provided by the certificate holder.
(b) All direct services shall be provided in
				  accordance with an individual written plan of care, treatment, and
				  rehabilitation or training specifying the nature of the conditions and the
				  disabilities found to be present and those which are to be affected, relating
				  these to the methods of care, treatment and rehabilitation or training to be
				  provided, identifying the intended benefits of care and treament and providing
				  for appropriate review and revision.
(c) Eligibility for service shall be in
				  accordance with written admission policies.
(d) A single case record which contains
				  current information regarding diagnosis, treatment and evaluation of results of
				  care or treatment for each person served shall be available to all professional
				  staff involved in the care or treatment of that person.
(e) The facility shall maintain continuously
				  in force a written policy on prescription and dispensing of medications
				  including appropriate time limits for prescriptions or drug orders and
				  requirements for review by the physician responsible.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.7 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility
				  shall continuously employ an adequate number of appropriately qualified staff
				  to carry out the program of examination, diagnosis, care, treatment, and
				  rehabilitation or training effectively. A written rationale for the staffing
				  pattern utilized shall be provided to the department.
(b) All staff physicians shall be currently
				  registered and licensed to practice medicine in the State of New York; their
				  qualifications shall be reported to the department at the time of their
				  employment.
(1) The facility shall not permit
				  physicians in training to perform a service for which a license is required by
				  the State of New York except as a part of an approved training program and
				  unless authorized by a temporary certificate to practice medicine at the
				  facility and they are at the time under the direct control and supervision of a
				  currently registered and licensed physician.
(i) A training program to be approved must be
				  accredited by the Council on Medical Education of the American Medical
				  Association, the appropriate specialty boards or any other recognized approval
				  body based on standards acceptable to the department.
(ii) With respect to the care of recipients
				  of health insurance and medical assistance only, training programs must comply
				  with the requirements of applicable rules and regulations of the Secretary of
				  Health, Education and Welfare pertaining to resident, intern and medical
				  student training programs enacted pursuant to the Health Insurance for the Aged
				  Act.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.8 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The certificate
				  holder shall maintain premises appropriate and adequate for the safe and
				  effective examination, diagnosis, care, treatment, and rehabilitation or
				  training of all persons served.
(b)
				  The space provided shall be both adequate and appropriate for:
(1) The maintenance of privacy for interviews
				  between staff members and the persons served,
(2) The comfort and convenience of those
				  waiting for services,
(3)
				  Accommodation of activities and equipment necessary to special activities such
				  as group discussions, play therapy, medical examinations, occupational therapy,
				  speech and hearing therapies, or others which are regularly provided,
				  and
(4) Controlled access to and
				  maintenance of case records.