reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.7 - Rates of payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rates of
				payment shall be established on a prospective basis.
(b) Rates of payment established under this
				section shall be all-inclusive, taking into account all allowable patient days
				and all allowable costs.
(c) Rates
				of payment established pursuant to this section shall be effective for a period
				of 12 months, which shall be coterminous with the residential treatment
				facility's fiscal year, unless otherwise determined by the
				commissioner.
(d) Rates of payment
				established pursuant to this section shall be provisional pending the
				completion of an audit pursuant to section
				578.6  of this
				Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.9 - A residential treatment facility for children and youth with inadequate cost experience

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rates of
				payment for a residential treatment facility with inadequate cost experience
				shall be determined on the basis of satisfactory cost projections contained in
				budgets and other information submitted to the commissioner by the residential
				treatment facility. Budgets shall be submitted to the commissioner no later
				than 120 days prior to the date on which the rates of payment will be
				effective. The form and content of any such budgets may vary as prescribed by
				the commissioner. A residential treatment facility shall submit to the
				commissioner, within 15 days of a written request therefor, any additional
				information the commissioner determines is necessary to compute or revise rates
				of payment in accordance with this section.
(b) The rate of payment for a newly certified
				residential treatment facility shall be computed from a budget report. The
				budget report period shall cover the facility's first 12 months of operation.
				The commissioner may require that the budget be divided into several interim
				periods during the first 12 months and be extended to include subsequent
				periods, not to exceed an additional 12 months. The commissioner may further
				require specialized reports regarding staffing, utilization, capital costs, and
				cash flow.
(1) For a newly certified
				residential treatment facility which expects to achieve a minimum average
				utilization of 90 percent during the first year of operation, the rate of
				payment shall be developed from the first 12-month budget report.
(i) The budgeted operating and capital costs
				shall be reviewed to determine the allowed costs in accordance with the
				reimbursement principles contained in section
				578.14 
				of this Part.
(ii) The operating
				portion of the allowed cost shall then be adjusted from the budget period to
				the period upon which the cost category standards were calculated using the
				applicable trend factors as specified in section
				578.8 
				of this Part, or as determined by the commissioner if trend factors are not
				specified for a particular period.
(iii) The adjusted operating cost shall then
				be limited to the maximum amounts contained in the cost category standards from
				section
				578.8(a)(2)-(4) 
				of this Part, and then trended to the appropriate rate period.
(iv) The operating per diem rate of payment
				shall be calculated based upon the total possible patient days of the
				residential treatment facility at 90 percent utilization.
(v) Capital costs shall be calculated on a
				per diem basis using the total possible patient days of the residential
				treatment facility at 90 percent utilization.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.10 - Certification and approval

Current through Register Vol. 46, No. 28, July 10, 2024
Rates of payment established pursuant to section
				  578.8
				  or
				  578.9 
				  of this Part, or revised pursuant to section
				  578.6 or
				  578.11 
				  of this Part, shall be certified by the commissioner and shall be approved by
				  the Director of the Budget.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.11 - Revisions to rates of payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The commissioner shall consider only those requests for revisions of certified
				rates which result in a fiscal impact of over one percent of the certified
				rate, and a minimum of $20,000; and which are based on:
(1) errors made by the Office of Mental
				Health in the calculation of the rate of payment;
(2) errors in the financial or statistical
				data submitted to the commissioner by a residential treatment
				facility;
(3) a substantially
				changed residential treatment facility determined to have a 20-percent change
				in certified capacity, or a major change in resident population or resident
				services, when such changes have been approved by the commissioner. Revisions
				to the rate may also be initiated by the commissioner pursuant to this
				subdivision;
(4) additional
				staffing required to meet accreditation standards of the Joint Commission on
				Accreditation of Hospitals, up to the full-time equivalent staffing standards
				approved by the commissioner;
(5)
				Federal- or State-mandated requirements resulting in increased costs;
(6) capital costs approved through the
				applicable provisions of the Mental Hygiene Law and Part 551 of this
				Title;
(7) family therapy expenses,
				as determined by the commissioner;
(8) nursing services for changes in nursing
				staff requirements, as determined by the commissioner;
(9) additional staffing and other than
				personal service expenses, subject to prior written approval from the
				appropriate regional office and the commissioner's designate, resulting from
				patients who have been diagnosed with Acquired Immune Deficiency Syndrome
				(AIDS). Approval for additional staffing and other personal service expenses
				shall be based on the necessity of such services for the safety and well being
				of patients and a determination that such expenses are within the appropriate
				budgetary guidelines.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.13 - Allowable patient days

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				purposes of determining a rate of payment, allowable patient days shall be
				computed using the higher of allowable days pursuant to section
				578.4(b) 
				of this Part or a minimum utilization of 90 percent of certified bed capacity,
				provided that the number of allowable days shall not exceed a maximum
				utilization of 96 percent of certified bed capacity.
(b) The minimum utilization requirements
				pursuant to subdivision (a) of this section may be waived in full or in part by
				the commissioner if it is demonstrated to the satisfaction of the commissioner
				that waiver is appropriate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.14 - Allowable costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be
				considered as allowable in determining the rate of payment, costs must be
				properly chargeable to necessary resident care rendered in accordance with the
				requirements of Part 584 of this Title and any applicable codes, rules,
				regulations and laws pursuant to title XIX of the Social Security Act. The
				allowability of costs shall be determined in accordance with the following:
(1) specific and applicable sections of this
				Part;
(2) Medicare reimbursement
				principles;
(3) reasonableness and
				relationship to resident care as determined by the commissioner; and
(4) generally accepted accounting
				principles.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.15 - Recoveries of expense

Current through Register Vol. 46, No. 28, July 10, 2024
Operating costs shall be reduced by the cost of services and
				  activities which are not properly chargeable to resident care. In the event
				  that the commissioner determines that it is not practical to establish the
				  costs of such services and activities, the income derived therefrom may be
				  substituted for costs of these services and activities. Such activities and
				  services covered by this provision include:
(a) drugs and supplies sold for use outside
				the residential treatment facility;
(b) discount on purchases;
(c) living quarters rented to
				employees;
(d) employee
				cafeterias;
(e) meals provided to
				special nurses or residents' guests;
(f) operation of parking facilities for
				community convenience;
(g) lease of
				office and other space of concessionaires providing services not related to
				resident service; and
(h) tuitions
				and other payments for educational services, room and board, and other services
				not directly related to resident service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.16 - Depreciation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				otherwise provided in this Part pursuant to determination by the commissioner,
				allowable depreciation shall be determined by the application of the principles
				of reimbursement developed for determining rates of payment under title XVIII
				of the Social Security Act.
(b)
				Reported depreciation based on historical cost is recognized as a proper
				element of cost. Useful lives shall be the higher of the reported useful life
				or those useful lives consistent with provisions of title XVIII of the Social
				Security Act.
(c) Depreciation
				shall be calculated on a straight-line basis for all depreciable
				assets.
(d) Effective July 1, 1992,
				capital construction projects for newly certified beds in operation after
				October 1, 1989, shall be reimbursed interest and principal in accordance with
				the debt repayment amortization schedule up to the amount of the financing
				approved under Part 551 of this Title. That part of the total project cost
				approved under Part 551 of this Title, but not approved for financing, shall be
				reimbursed allowable depreciation expense.
(e) Effective July 1, 1989, residential
				treatment facilities with existing funded depreciation accounts shall have
				their capital reimbursement rate reduced to offset the amount of the funded
				depreciation which should have been funded as of July 1, 1992. Withdrawals from
				existing funded depreciation accounts no longer require prior approval from the
				commissioner, and may be utilized to offset the above capital rate reduction.
				The amount of the capital rate reduction shall be equal to the amount of funded
				depreciation which should be in the provider's funded depreciation account.
				Upon depletion of the funded depreciation account, the capital rate shall be
				adjusted in accordance with subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.17 - Projects requiring approval by the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No capital expenditures for which
				approval by the Office of Mental Health is required under the provisions of the
				Mental Hygiene Law or Part 551 of this Title shall be included in allowable
				capital costs for purposes of computation of the rate of payment unless such
				approval shall have been secured.
(b) For projects requiring approval by the
				Office of Mental Health, capital costs shall be limited to the amount approved
				by the commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.18 - Interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Necessary
				interest on both current and capital indebtedness is an allowable
				cost.
(b) To be considered as an
				allowable cost, interest shall be incurred to satisfy a financial need, and at
				a rate not in excess of what a prudent borrower would have had to be in the
				money market at the time the loan was made.
(c) Such interest shall be paid to a lender
				not related through control, ownership, affiliation or personal relationship to
				the borrower, except in instances where the prior approval of the commissioner
				has been obtained.
(d) Interest
				expense shall be reduced by investment income with the exception of income from
				funded depreciation, qualified pension funds, deferred compensation funds, and
				gifts, grants or endowments, whether restricted or unrestricted.
(e) Interest on current working capital
				indebtedness shall be treated and reported as an operating administrative
				expense.
(f) Interest on capital
				indebtedness is an allowable cost if the debt generating the interest is
				approved by the commissioner, incurred for authorized purposes, and the
				principal of the debt does not exceed that which is either approved by the
				commissioner or the cost of the authorized purposes. Capital indebtedness shall
				mean all debt obligations of a residential treatment facility that are:
(1) evidenced by a mortgage note or bond and
				secured by a mortgage on the land, building or nonmovable equipment, a note
				payable secured by the nonmovable equipment of a facility, a capital
				lease;
(2) incurred for the purpose
				of financing the acquisition, construction or renovation of land, building or
				nonmovable equipment;
(3) found by
				the commissioner to be reasonable, necessary and in the public interest with
				respect to the residential treatment facility. Interest related to refinancing
				indebtedness shall be considered an allowable cost only to the extent that it
				is payable with respect to an amount equal to the unpaid principal of the
				indebtedness then being refinanced. However, interest incurred on refinanced
				debt in excess of the previously unpaid balance of the refinanced indebtedness
				will be allowable on acceptable demonstration to the commissioner that such
				refinancing will result in a debt service savings over the life of the
				indebtedness; or
(4) incurred for
				the purpose of advance refunding of debt. Losses resulting from the advanced
				refunding of debt shall be treated and reported as deferred charge. This
				deferred charge is to be amortized on a straight-line basis over the period to
				the scheduled maturity date of the refunding debt.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.19 - Rentals, leases, sale and lease-back, and lease-purchase arrangements for real property

Current through Register Vol. 46, No. 28, July 10, 2024
Allowable costs for real property will be limited to the
				  amount the provider of services could have included in reimbursable cost if the
				  provider of services had legal title to the property. The requirement may be
				  waived by the commissioner if the amount involved is found by the commissioner
				  to be reasonable, necessary and in the public interest.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.20 - Conversion to a residential treatment facility of an institution previously licensed by the department of social services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Allowable depreciation for the
				residential treatment facility will be a continuation of the Department of
				Social Services depreciation schedule previously in effect unless the
				commissioner determines error(s) had been made in that calculation. This
				requirement may be waived by the commissioner if the circumstances involved are
				found by the commissioner to be reasonable, necessary and in the public
				interest with respect to the facility.
(b) When an institution converts only part of
				its capacity to a residential treatment facility, allowable depreciation for
				the facility will be based on the historical cost and useful life of the
				specific building(s) being converted.
(c) The square footage used to determine
				allowable capital-related costs will be as determined by the commissioner in
				connection with his project approval authority under the Mental Hygiene Law and
				Part 551 of this Title. When only a portion of a building is being converted to
				a residential treatment facility, the percentage of approved square footage to
				total square footage for the building will be used to determine capital-related
				costs of the residential treatment facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.21 - Medical facilities previously depreciated under the medicare and/or medicaid program

Current through Register Vol. 46, No. 28, July 10, 2024
Allowable depreciation for assets previously depreciated
				  under Medicare and/or Medicaid will be limited to the lower of the acquisition
				  cost of the asset to the new owners or the historical cost to the owner of
				  record as of July 18, 1984, or in the case of an asset not in existence as of
				  that date, the first owner of record of the asset after that
				  date.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.22 - Compensation of provider of services and relatives of provider of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reasonable
				compensation for a provider of services or relatives of a provider of services
				where services have been actually performed and required to be performed shall
				be considered as an allowable cost. The amount to be allowed shall be equal to
				the amount normally required to be paid for the same service provided by a
				nonrelated employee, as determined by the commissioner. Compensation shall not
				be included in the rate of payment computation for any services which the
				provider of services or relative of the provider of services is not authorized
				to perform.
(b) Any amount reported
				as compensation for services rendered by provider of services or relative of a
				provider of services shall not be allowed in excess of the maximum allowance
				for full-time services in carrying out his/her primary function.
(c) For purposes of subdivision (a) of this
				section, in determining a reasonable level of compensation for provider of
				services or relatives of a provider of services, the commissioner may consider
				the quality of care provided to residents by the residential treatment facility
				during the year in question.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.23 - Costs of related organizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A related organization shall be defined
				as any entity which the residential treatment facility is in control of or is
				controlled by, either directly or indirectly, or where an association of
				material interest exists in an entity which supplies goods and/or services to
				the residential treatment facility, or any entity which is controlled directly
				or indirectly by the immediate family of the provider of services. Immediate
				family shall include each parent, child, spouse, brother, sister, first cousin,
				aunt and uncle, whether such relationship arises by reason of birth, marriage
				or adoption.
(b) The costs of goods
				and/or services furnished to a residential treatment facility by a related
				organization are includable in the computation of the basic rate of payment at
				the lower of the cost to the related organization or the market price of
				comparable goods and/or services available in the residential treatment
				facility within the course of normal business operations.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth › Section 578.24 - Program development grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The commissioner may provide program development grants to a voluntary
				not-for-profit organization developing a residential treatment
				facility.
(b) The agreement entered
				into by a provider of services to obtain a program development grant will
				require the provider of services to repay the program development grant to the
				extent that reimbursement is obtained for the costs incurred through use of the
				program development grant funds.
(c) In addition to the basic rate of payment
				set pursuant to sections
				578.7,
				578.8
				and
				578.9 
				of this Part, there shall be a second rate of payment set for a residential
				treatment facility which has received a program development grant. This second
				rate of payment will include costs incurred through use of the grant
				funds.
(d) Costs incurred through
				use of program development grants will be amortized over a five-year
				period.
(e) Office of Mental Health
				and Department of Social Services will establish procedures through rate
				payment mechanisms for repayment of the program development grant.
(f) When the provider of service ceases
				operations as a residential treatment facility, any unpaid program development
				grants may be recouped directly from the provider of service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.1 - 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, including
				the use of evidence-based practices, to assist persons with mental illness
				achieve maximum self-sufficiency while assuring their safety and general
				well-being.
(b) The Mental Hygiene
				Law requires certification by the Commissioner of Mental Health for the
				operation of any part of a general hospital for the purpose of providing, on a
				residential (i.e., inpatient) basis, examination, diagnosis, care, treatment,
				rehabilitation or training to anyone with a disorder or disturbance in
				behavior, feeling, thinking or judgment so severe as to require care and
				treatment for mental illness. Such a facility may range in scale from a single
				ward or designated floor to an entire wing or nearby complex of buildings
				operated as part of a general hospital as defined in article 28 of the Public
				Health Law.
(1) Persons with mental illness
				may require medical or surgical treatment for conditions other than, and not
				necessarily related to, mental illness. This Part is not intended to apply to
				parts of general hospitals which admit patients with mental illness only
				incidentally to their primary purposes or which provide intensive specialized
				medical or surgical treatment to patients with mental illness necessitated by
				events such as attempted suicide.
(2) Persons with mental illness may require
				immediate care and treatment in an emergency at a general hospital which does
				not regularly operate a psychiatric inpatient unit. This Part is not intended
				to inhibit the provision of emergency psychiatric services in such
				circumstances.
(3) A general
				hospital operating a ward, wing or unit for the provision of inpatient
				psychiatric services must have the prior approval and certification of the
				commissioner pursuant to Part 551 of this Part. Inpatient psychiatric services
				that are otherwise provided by general hospitals, such as in the form of an
				organized program of psychiatric consultation to medical or surgical services,
				are not subject to this Part, unless they are operated as part of a distinct
				psychiatric inpatient unit.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 31.02  of the Mental Hygiene Law prohibits
				the operation of any part of a general hospital for the purpose of providing
				residential services, including examination, diagnosis, care, treatment or
				rehabilitation of persons with mental disabilities including mental illness,
				unless an operating certificate has been obtained from the commissioner.
				Sections 31.07, 31.09, 31.13 and 31.19 further authorize the commissioner or
				his or her representatives to examine and inspect such units to determine their
				suitability and proper operation. Sections 31.16 and 31.17 authorize the
				commissioner to suspend, revoke or limit any such operating
				certificate.
(b) Section 31.04  of the Mental Hygiene Law empowers
				the commissioner to adopt regulations deemed necessary to carry out the
				provisions of article 31 of the Mental Hygiene Law, including establishing
				procedures for the issuance, amendment and renewal of operating
				certificates.
(c) Section 29.15  of the Mental Hygiene Law
				establishes requirements for the discharge or conditional release of patients
				from hospitals operated by the Office of Mental Health or from psychiatric
				inpatient services subject to licensure by such office.
(d) Section 365-m  of the Social Services Law
				authorizes the Commissioner of the Office of Mental Health and the Commissioner
				of the Office of Alcoholism and Substance Abuse Services, in consultation with
				the Department of Health, to contract with regional behavioral health
				organizations to provide administrative and management services for the
				provision of behavioral health services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Behavioral Health Organization or BHO
				shall mean an entity selected by the Commissioner of the Office of Mental
				Health and the Commissioner of the Office of Alcoholism and Substance Abuse
				Services pursuant to Section 365-m of the New York State Social Services Law to
				provide administrative and management services for the purposes of conducting
				concurrent review of Behavioral Health admissions to inpatient treatment
				settings, assisting in the coordination of Behavioral Health Services, and
				facilitating the integration of such services with physical health
				care.
(b) Child, for purposes of
				this Part, means an individual under eighteen year of age.
(c) Commissioner means the Commissioner of
				Mental Health.
(d) Concurrent
				Review shall mean the review of the clinical necessity for continued inpatient
				Behavioral Health Services, resulting in a non-binding recommendation regarding
				the need for such continued inpatient services.
(e) Office means the New York State Office of
				Mental Health.
(f) Psychiatric
				inpatient unit of a general hospital or unit means any part of a hospital, as
				defined in article 28 of the Public Health Law, operated for the purpose of
				providing a program of 24-hour professional care and treatment to persons with
				mental illness.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.4 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No psychiatric
				inpatient unit of a general hospital may be operated without a valid operating
				certificate issued by the New York State Office of Mental Health. Furthermore,
				as part of a general hospital, psychiatric inpatient units are required to
				operate under a valid license issued by the Department of Health, and are thus
				subject to, and must remain in compliance with, applicable requirements of such
				department.
(b) Application for new
				and renewal certificates shall be submitted as directed by the office in
				accordance with Parts 551 and 573 of this Title.
(c) A certificate valid for a period not to
				exceed three years shall be issued for units which satisfactorily meet the
				conditions stated in this Part. The duration of the operating certificate shall
				be based upon the degree to which the unit meets applicable regulations and
				standards, upon review by the office.
(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 office, and expired, invalidated, revoked or
				terminated certificates shall be returned to the office.
(f) The certificate holder shall obtain prior
				approval of the office for all projects subject to prior approval review in
				accordance with Part 551 of this Title.
(g) The certificate holder shall notify the
				office of any intention to terminate voluntarily its services to persons with
				mental illness. This notice of intention to terminate voluntarily shall include
				a statement of the actions which will be taken to assure appropriate referral
				of persons receiving care or treatment, to preserve the confidentiality of
				records, and to settle financial accounts according to preexisting individual
				arrangements. No program shall terminate its services until approval from the
				office to do so is obtained, patients have been appropriately transferred or
				discharged, and records have been appropriately preserved and stored.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.7 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing
				body shall continuously employ an adequate number of appropriately qualified
				staff to effectively carry out the program of examination, diagnosis, care,
				treatment and rehabilitation. Suitable provisions must be made for the
				protection of patients through the use of adequate staff. All facilities
				accepting admissions pursuant to section 9.39  of the Mental Hygiene Law shall have
				available at all times an adequate number of physicians experienced in the
				diagnosis and treatment of persons likely to seriously harm themselves or
				others. A written rationale for the staffing pattern utilized shall be
				prepared, clearly specifying any regular use of personnel whose primary duty
				assignments are elsewhere in the hospital, for approval by the Office of Mental
				Health. The written rationale shall include a plan for appropriate supervision
				of staff and volunteers. The plan shall include procedures for periodic
				supervisory conferences for staff and volunteers and procedures for written
				performance evaluations consistent with collective bargaining
				requirements.
(b) The director and
				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 office at the time of their employment.
(1) The unit 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
				on a temporary certificate to practice medicine at the hospital and they are
				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 office.
(ii) With respect to the care of persons
				eligible for health insurance and medical assistance only, training programs
				must comply with the requirements of applicable rules and regulations of the
				Secretary of Health and Human Services 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 XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.8 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safety.
(1) All facilities shall be safe and suitable
				for the comfort and care of the patient. Facilities shall be maintained in a
				state of good repair and sanitation.
(i) A
				facility maintenance plan, including provision for routine inspections of the
				physical plant, shall be developed, maintained, and shall be immediately
				available for office review upon request.
(ii) A process must be established and
				implemented at all facilities by which staff can notify the administration of
				any unsafe conditions. Facility staff must routinely be made aware of such
				process.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.9 - 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 psychiatric inpatient unit.
(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, alcohol or substance abuse disorder or mental
				retardation or developmental disability diagnoses in official
				terminology;
(v) reports of all
				diagnostic examinations and evaluations, including findings and
				conclusions;
(vi) reports of all
				special studies performed, including X-rays, clinical laboratory tests,
				clinical psychological testing, electroencephalograms, psychometric
				tests;
(vii) the individual written
				plan of care, treatment and rehabilitation prepared in accordance with section
				580.6(a)(2) 
				of this Part;
(viii) progress notes
				that are written, signed, and dated by all staff members having significant
				participation in the program of treatment and care;
(ix) summaries of case conferences and
				special consultations;
(x) dated
				and signed prescriptions or orders for all medications with notation of
				termination dates;
(xi) a closing
				summary of the course of treatment and care;
(xii) autopsy findings if an autopsy is
				performed; and
(xiii) documentation
				of any referrals to another agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.10 - Community relations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The unit
				shall integrate its services with other services of the hospital and with other
				relevant community services for purposes of providing comprehensive and
				coordinating care.
(b) The
				governing body shall assure the availability of necessary services not provided
				by the psychiatric inpatient unit itself. In determining necessity, the
				governing body shall take account of social work services, clinical laboratory
				services, special medical or surgical diagnostic or treatment services,
				integrated dual disorder services, psychiatric partial hospitalization,
				psychiatric outpatient services and rehabilitation services.
(c) The unit shall participate appropriately
				in local, areawide, regional and State planning related to treatment programs
				for persons with mental disabilities.
(d) Significant changes in the psychiatric
				hospital program shall take into account studies of needs and resources in the
				geographic area served by the psychiatric hospital.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 580 - Operation Of Psychiatric Inpatient Units Of General Hospitals › Section 580.11 - Behavioral health organizations

Current through Register Vol. 46, No. 28, July 10, 2024
The facility shall cooperate with designated regional
				  behavioral health organizations. Such cooperation shall include, but not be
				  limited to:
(a) notifying the
				appropriate behavioral health organization of an admission for a behavioral
				health condition for which coverage is provided by Medicaid on a
				fee-for-service basis to an individual who is not also enrolled in the Medicare
				program. Such notification shall be provided within 24 hours of such admission
				or, for an admission occurring on a Friday, Saturday, Sunday or public holiday,
				by 5:00 p.m. on the next business day following such admission. When Medicaid
				coverage cannot be determined at the time of admission, notification shall be
				provided as soon as practicably possible after confirmation of Medicaid
				eligibility, but in no event more than 24 hours after such confirmation or, for
				a confirmation made on a Friday, Saturday, Sunday or public holiday, later than
				5:00 p.m. of the next business day following such confirmation;
(b) cooperating with concurrent review
				activities;
(c) ensuring that the
				discharge plan for such an individual includes consideration of physical health
				needs and services;
(d) notifying
				such behavioral health organization within 24 hours of the discharge of such an
				individual or, for a discharge occurring on a Friday, Saturday, Sunday or
				public holiday, by 5:00 p.m. on the next business day following such
				discharge;
(e) receiving and
				providing physical and mental health information, pursuant to section 33.13 (d)  of the Mental
				Hygiene Law; and
(f) seeking to
				obtain, as needed, such individual's consent to receive and provide information
				regarding such individual's substance use problems.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 582 - Operation Of Hospitals For Persons With Mental Illness › Section 582.1 - 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, including
				the use of evidence based practices, to assist persons with mental illness
				achieve maximum self-sufficiency while assuring their safety and general
				well-being.
(b) The provisions of
				this Part shall apply to the inpatient services of a freestanding psychiatric
				facility that has been certified by the Office of Mental Health to provide such
				services. Inpatient services provided in psychiatric inpatient units of general
				hospitals shall be governed in accordance with Part 580 of this Title. This
				Part shall not apply to any facility established by article 7 or article 10 of
				the Mental Hygiene Law.
(c) The
				Mental Hygiene Law requires the certification of any facility operated by an
				individual, association, corporation, or public or private agency to provide
				examination, diagnosis, care, treatment, rehabilitation or training to anyone
				with a disorder or disturbance in behavior, feeling, thinking or judgment so
				severe as to require care and treatment. Recognizing the differences between
				the methods usually applied in the care and treatment of persons with mental
				illness and persons with mental retardation or developmental disabilities, the
				office intends this Part to apply only to inpatient services provided by
				hospitals for persons with mental illness.
(d) This Part prescribes standards for
				certification. Certification of itself does not confer eligibility to receive
				financial support from any governmental source.
(e) It is the intent of this Part to foster
				increased responsibility of hospitals for persons with mental illness to
				evaluate and review their own services. However, such hospitals must prepare an
				adequate plan for services which addresses modalities of care, staff training
				and experience, amount and coverage of staff, and admission and discharge
				criteria; and must furthermore establish organization policies and procedures
				which will facilitate implementation of the plan.
(f) Section
				582.8  of this
				Part supersedes Part 77 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 582 - Operation Of Hospitals For Persons With Mental Illness › Section 582.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 31.02  of the Mental Hygiene Law prohibits
				any individual, association, corporation, or public or private agency from
				operating a residential facility, hospital or institution for the examination,
				diagnosis, care, treatment, rehabilitation or training of persons with mental
				disabilities, including mental illness, unless a operating certificate has been
				obtained from the commissioner. Sections 31.07, 31.09, 31.13 and 31.19 further
				authorize the commissioner or his or her representatives to examine and inspect
				such facilities to determine their suitability and proper operation. Sections
				31.16 and 31.17 authorize the commissioner to suspend, revoke or limit any
				operating certificate.
(b) Section 31.04  of the Mental Hygiene Law empowers
				the commissioner to adopt regulations deemed necessary to carry out the
				provisions of article 31 of the Mental Hygiene Law, including establishing
				procedures for the issuance, amendment and renewal of operating
				certificates.
(c) 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.
(d) Section 29.15  of the Mental Hygiene Law
				establishes requirements for the discharge or conditional release of patients
				from hospitals operated by the Office of Mental Health or from psychiatric
				inpatient services subject to licensure by such office.
(e) Section 365-m  of the Social Services Law
				authorizes the Commissioner of the Office of Mental Health and the Commissioner
				of the Office of Alcoholism and Substance Abuse Services, in consultation with
				the Department of Health, to contract with regional behavioral health
				organizations to provide administrative and management services for the
				provision of behavioral health services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 582 - Operation Of Hospitals For Persons With Mental Illness › Section 582.3 - Definitions. for purposes of this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Abused child in residential care means a
				child in residential care who:
(1) is
				subjected to any of the following acts, regardless of whether such act results
				in injury, when such act is committed by a custodian of the child, is not
				accidental and does not constitute emergency physical intervention necessary to
				protect the safety of any person:
(i) being
				thrown, shoved, kicked, burned, stricken, choked, smothered, pinched, punched,
				shaken, cut or bitten;
(ii) the
				display of a weapon, or other object that could reasonably be perceived by the
				child as a means for the infliction of pain or injury, in a manner that
				constitutes a threat of physical pain or injury;
(iii) the use of corporal
				punishment;
(iv) the withholding of
				nutrition or hydration as punishment; or
(v) the unlawful administration of any
				controlled substance as defined by article 33 of the Public Health Law, or any
				alcoholic beverage, as defined by section 3  of the Alcoholic Beverage Control Law, to
				the child; or