reglab/statecodes huggingface dataset:
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 582.4 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No hospital for
				persons with mental illness may be operated without a valid operating
				certificate issued by the New York State Office of Mental Health.
(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 to hospitals 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 of 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 by 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 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 and patients have been appropriately transferred or
				discharged.
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 582.6 - Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The program of services shall be provided
				in accordance with the principle of continuity of care whereby a single number
				of the professional clinical staff shall exercise primary responsibility for
				each patient at all times.
(2)
				Direct service to patients shall be provided in accordance with an individual
				written plan of care and rehabilitation, specifying the nature of the
				conditions and the disabilities fond to be present and those which are to be
				affected, relating these to the methods of care, treatment and rehabilitation
				to be provided, identifying the intended benefits of care and treatment, and
				providing for appropriate review and revision.
(3) A single case record which contains
				current information regarding diagnosis, treatment and evaluation of results of
				care or treatment for each patient shall be available to all professional staff
				involved in the care or treatment of that person.
(4) The treatment programs provided by the
				hospital shall include active therapeutic services, including but not limited
				to individual and group psychotherapy and psychiatric nursing care.
(5) A physician and a nurse shall be on duty
				at the hospital at all times, and other medical staff shall be available on
				call as needed.
(6) The hospital
				shall have continuously in force a written policy regarding prescription
				dispensing and administration of medications, including appropriate time limits
				for prescriptions or drug orders, requirements for review by the physician
				responsible, and the use of a formulary.
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 582.7 - 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 carry out the program of examination, diagnosis, care, treatment and
				rehabilitation effectively. A written rationale for the staffing pattern
				utilized shall be developed 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 hospital 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 hospital 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 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 582 - Operation Of Hospitals For Persons With Mental Illness › Section 582.8 - 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 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 582 - Operation Of Hospitals For Persons With Mental Illness › Section 582.9 - 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 hospital.
(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-ray, clinical laboratory tests, clinical
				psychological testing, electroencephalograms, and psychometric tests;
(vii) the individual written plan of care,
				treatment and rehabilitation prepared in accordance with section
				582.6(a)(2) 
				of this Part;
(viii) progress notes
				written, dated, and signed 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, withnotation 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 582 - Operation Of Hospitals For Persons With Mental Illness › Section 582.10 - Community relations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				hospital shall integrate its services with other relevant community services
				for purposes of providing comprehensive and coordinated care.
(b) The hospital shall assure, through
				agreements with other community resources, the availability of necessary
				services not provided at the hospital. In determining necessity, the hospital
				shall take account of clinical laboratory services, special medical, diagnostic
				or treatment services, partial hospitalization and rehabilitation
				services.
(c) The hospital shall
				participate appropriately in local, areawide, regional and State planning
				related to treatment programs for persons with mental disabilities.
(d) Significant changes in the hospital
				program shall take into account studies of needs and resources in the
				geographic area served by the hospital.
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 582.11 - 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 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 no later than 24 hours subsequent to the discharge of such an
				individual or by 5:00 p.m. the next business day following Friday, Saturday,
				Sunday and public holiday discharges;
(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 583 - Residential Treatment Facilities For Children And Youth; Eligibility › Section 583.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 947 of the
				Laws of 1981 authorized the establishment of residential treatment facilities for
				children and youth.
(b) The purpose of
				residential treatment facilities for children and youth (RTF) is to provide
				comprehensive and intensive mental health services under the supervision of a
				physician for children and youth who have attained their 5th birthday and have not,
				in most cases, attained their 21st birthday and who are in need of inpatient
				treatment in a residential setting. Such RTF shall be consistent with the federal
				conditions of participation with Psychiatric Residential Treatment Facilities
				(PRTF)
(c) The purpose of these
				regulations is to provide for the establishment of procedures for accessing
				residential treatment facility services, a Medicaid eligible service; to articulate
				the criteria for determining eligibility of an individual to apply for admission or
				transfer to a specific residential treatment facility for children and youth; and to
				specify the procedures to be used in determining eligibility and priority for
				admission or transfer to a residential treatment facility for children and
				youth.
(d) The purpose of the procedures
				for accessing residential treatment facility services is to ensure uniform access to
				residential treatment facilities for children and youth regardless of the current
				setting or source of referral of a child.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 583 - Residential Treatment Facilities For Children And Youth; Eligibility › Section 583.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 and
				31.04 of the Mental Hygiene Law grant the Commissioner of Mental Health the power
				and responsibility to adopt regulations that are necessary and proper to implement
				matters under their jurisdiction and to set standards of quality and adequacy of
				facilities, equipment, personnel, services, records and programs for the retention
				of services for the mentally ill pursuant to an operating certificate.
(b) Section 9.51 of the Mental Hygiene Law
				provides that the Office of Mental Health will establish standards and priorities
				for residential treatment facilities for children and youth admissions and will
				evaluate medical necessity for applicants or recipients of medical assistance
				pursuant to title eleven of article five of the social services law applying to
				access residential treatment facility services.
(c) Section 31.26(c) of the Mental Hygiene Law
				provides for the commissioner to authorize the operation of residential treatment
				facilities for children and youth. The statute also provides that the commissioner
				shall have the power to adopt rules and regulations governing the establishment and
				operation of residential treatment facilities for children and youth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 583 - Residential Treatment Facilities For Children And Youth; Eligibility › Section 583.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These regulations
				apply to the application process for access to available residential treatment
				facility services for children and youth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 583 - Residential Treatment Facilities For Children And Youth; Eligibility › Section 583.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Admission criteria
				are those factors of psychopathology, activities of daily living skills, age and
				intelligence quotient, in addition to the office's eligibility criteria for access
				to residential treatment facility services, which are identified for use by a
				specific residential treatment facility to determine acceptance of applications for
				admission or transfer.
(b) Child or
				youth is an individual who has passed at least their 5th
				birthday, and who has not yet reached their 22nd
				birthday.
(c) Committee on Special
				Education is a multidisciplinary team established in accordance with the provisions
				of the New York State Education law to evaluate each child or youth with educational
				disabilities who resides within a school district.
(d) Designated mental illness means a disruption
				of cognitive, emotional, or behavioral functioning, which can be classified and
				diagnosed using the
Diagnostic and Statistical Manual of Mental Disorders
				(DSM)
, or the
International Classification of Diseases
				(ICD)
, as incorporated by reference in Part 800 of this Title other than:
(1) substance use disorders in the absences of
				other mental health conditions defined in the DSM or ICD;
(2) neurodevelopmental disorders in the absence of
				other mental health conditions;
(3)
				major neurocognitive disorders in the absence of other mental health conditions
				defined in the DSM or ICD except Attention-Deficit/Hyperactivity Disorder or Tic
				Disorders; or
(4) other conditions that
				may be a focus of clinical attention (commonly described with Z codes), except
				Parent-Child Relational Problem (V61.20/Z62.820) for child or youth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 583 - Residential Treatment Facilities For Children And Youth; Eligibility › Section 583.5 - Residential Treatment Facility (RTF) Eligibility and Authorization Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for an
				eligibility determination and authorization to access residential treatment facility
				services shall be in a form and format specified by the office or commissioner's
				designee.
(b) In order for a child or
				youth to be found eligible and authorized to access residential treatment services
				they must meet the following criteria:
(1) be
				between the age of 5 years old and 20 years old;
(2) have an intelligence quotient equal to or
				greater than 51;
(3) meet the criteria
				for voluntary admission in accordance with section 9.13 of the Mental Hygiene
				Law;
(4) have a current primary
				diagnosis of a designated mental illness;
(5) meet criteria for serious emotional
				disturbance; and
(6) meet all medical
				necessity criteria for residential treatment facility services.
(i) Medical necessity criteria determinations
				shall comply with the Code of Federal Regulations, title 42, section 441.153 as
				incorporated by reference in Part 502.2 of this Title. Medical necessity criteria
				shall also meet the CFR 42 section 441.152 Certification of Need requirements where
				the child or youth is an applicant or recipient of medical assistance pursuant to
				Social Services Law, title 11, article 5 as incorporated by reference in Part 502.2
				of this Title.
(ii) Medical Necessity
				criteria includes the following:
(a) outpatient,
				community-based, and other out of home interventions available, do not meet the
				treatment needs of the child or youth;
(b) the child or youth is experiencing a severity
				of psychiatric need which requires proper care and treatment of the child or youth's
				psychiatric condition on an inpatient basis in a residential treatment facility
				under the direction of a physician;
(c)
				care and treatment provided by residential treatment facility services can
				reasonably be expected to improve the child or youth's condition or prevent further
				regression so that residential treatment facility services will no longer be needed,
				provided that a poor prognosis shall not in itself constitute grounds for a denial
				of determination of eligibility if treatment in a residential treatment facility
				offers can be expected to effect a change in prognosis.
(c) Eligibility criteria to obtain authorization
				to access residential treatment facility services delivered by a residential
				treatment facility developed in collaboration with the office and the Office for
				People With Developmental Disabilities, to serve children or youth with a designated
				mental illness and an intellectual and/or development disability, shall be exempt
				from paragraphs (2) and (4) of subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 583 - Residential Treatment Facilities For Children And Youth; Eligibility › Section 583.6 - Responsibilities of the Office or Commissioner's designee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office or the commissioner's designee
				shall receive all applications for authorization to access residential treatment
				facility services.
(1) The office or the
				commissioner's designee shall review applications for authorization to access
				residential treatment facility services for completeness in accordance with
				standards and procedures established by office or commissioner's designee within
				seven business days of receipt of the application.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 947 of the Laws of
				1981 authorized the establishment of residential treatment facilities for children
				and youth.
(b) The purpose of
				residential treatment facilities for children and youth is to provide comprehensive
				mental health services under the supervision of a physician for children and youth
				who have attained their 5th birthday and have not, in most cases, attained their
				21st birthday and who are in need of inpatient treatment in a residential
				setting.
(c) Residential treatment
				facilities for children and youth are not intended for children and youth who:
(1) present a likelihood of serious harm to others
				as defined in section 9.01 of the Mental Hygiene Law; or
(2) have a primary diagnosis of intellectual
				disability or developmental disability unless the residential treatment facility
				unit(s) was developed in collaboration by the Office of Mental Health and the Office
				for People With Developmental Disabilities to serve children with a designated
				mental illness and an intellectual and/or development disability.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 and 31.04 of
				the Mental Hygiene Law grant the Commissioner of Mental Health the power and
				responsibility to adopt regulations that are necessary and proper to implement
				matters under their jurisdiction and to set standards of quality and adequacy of
				facilities, equipment, personnel, services, records and programs for the rendition
				of services for persons with mental illness, pursuant to an operating
				certificate.
(b) Section 31.26 of the
				Mental Hygiene Law provides for the establishment of the subclass of hospitals known
				as residential treatment facilities for children and youth which provide active
				treatment under the direction of a physician for individuals who are under 21 years
				of age.
(c) 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 illness unless an operating certificate has been obtained from the
				commissioner of the Office of Mental Health.
(d) Sections 31.05, 31.07, 31.09, 31.11 and 31.19
				of the Mental Hygiene Law authorize the commissioner or their representative to
				examine and inspect such facilities to determine their suitability and operation.
				Sections 31.16 and 31.17 authorize the commissioner to suspend, revoke or limit any
				operating certificate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These regulations
				apply to any provider of services which operates or proposes to operate a
				residential treatment facility for children and youth. Such facilities are a
				subclass of hospitals pursuant to section 1.03 of the Mental Hygiene Law.
(b) These regulations do not apply to hospitals
				operated by the Office of Mental Health, or to hospitals issued an operating
				certificate by the Office of Mental Health pursuant to Part 582 of this
				Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.5 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each provider of services
				that intends to operate a residential treatment facility must be issued an operating
				certificate by the Office of Mental Health prior to the operation of the
				facility.
(b) Residential treatment
				facilities may only be operated by not-for-profit corporations.
(c) An operating certificate may be issued to a
				residential treatment facility which complies with the requirements of these
				regulations.
(d) The term of the
				operating certificate shall be determined by the Office of Mental Health, but in no
				event shall the term exceed three years.
(e) An operating certificate shall be issued for a
				residential treatment facility for a resident capacity of no fewer than 14 and no
				more than 56 residents; provided, however, that for the period commencing April 1,
				2000 through September 30, 2016, bed capacity for facilities primarily serving New
				York City residents may be temporarily increased up to an additional ten beds over
				the maximum certified capacity with the prior approval of the Commissioner. In order
				to receive such approval, the residential treatment facility must demonstrate that
				the additional capacity will be used to serve those children and youth deemed most
				in need of RTF services.
(f) A
				residential treatment facility must provide the full range of services required by
				section 584.11  of this Part at a single location.
(g) An operating certificate may be limited,
				suspended, invalidated or revoked by the Office of Mental Health in accordance with
				the provisions of Part 573 of this Title. Certificates shall remain the property of
				the Office of Mental Health and invalidated or revoked certificates shall be
				returned to the Office of Mental Health.
(h) Each operating certificate will specify:
(1) the location of the residential treatment
				facility;
(2) the term of the operating
				certificate;
(3) any changes to be made
				in the operation of the residential treatment facility in order to retain the
				operating certificate; and
(4) the
				resident capacity of the residential treatment facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.6 - Organization and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provider of services
				shall identify the individuals who have overall responsibility for the operation of
				the residential treatment facility. These individuals shall be known as the
				governing body. No individual shall serve as both a member of the governing body and
				of the paid staff of the residential treatment facility without the prior approval
				of the Office of Mental Health.
(b) The
				provider of services shall assure that the residential treatment facility has space,
				programs, staff and policies and procedures that are separately identifiable from
				any other programs which may be operated by the provider of services.
(c) The governing body shall meet on a regular
				basis, in no event less often than quarterly, and shall maintain written minutes of
				all meetings as a permanent record of the decisions made in relation to the
				operation of the residential treatment facility. The minutes shall be reviewed and
				approved by the governing body.
(d) The
				governing body shall approve a written plan or plans that, at a minimum, address the
				following aspects of the operation of the residential treatment facility:
(1) the goals and objectives of the residential
				treatment facility, including the admission and discharge criteria and a statement
				of the involvement of the family;
(2)
				the plan of organization that clearly indicates lines of responsibility;
(3) a written plan for services and staff
				composition which:
(i) includes the qualifications
				and duties of each staff position by title, and addresses all essential aspects of
				the operation of the residential treatment facility including clinical,
				administration, fiscal, clerical, housekeeping, maintenance, dietetic, and
				recordkeeping and reporting functions; and
(ii) specifies all services available through the
				residential treatment facility including the treatment program and
				environment;
(4) the written
				quality assurance plan; and
(5) the
				written utilization review plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.7 - Admission, Continued Stay and discharge criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each residential
				treatment facility shall maintain written admission, continued stay and discharge
				criteria which are subject to the approval of the Office of Mental Health.
(b) The admission criteria must, at a minimum,
				provide that Office of Mental Health or commissioner's designee has determined that
				an individual child or youth is eligible and authorized to access residential
				treatment facility services pursuant to Part 583 of this Title.
(c) Any additional admission criteria must relate
				to factors of psychopathology, activities of daily living skills, age, gender, sex
				and intelligence quotient. Admission criteria must comply with any standards and
				procedures established by the office, and cannot discriminate based on race, color,
				creed, disability, sex, gender identity, marital status, age, national origin,
				sexual orientation, military status, domestic violence victim status, disability,
				pregnancy-related condition, predisposing genetic characteristics, prior arrest or
				conviction record or familial status.
(d) The continued stay criteria must, at a
				minimum, provide that the child or youth meets eligibility criteria established in
				Part 583 of the Title, and does not meet the residential treatment facility's
				discharge criteria.
(e) The discharge
				criteria must at a minimum provide that the child or youth has been evaluated and
				determined to no longer meet eligibility criteria pursuant to Part 583 of the Title.
				Age in and of itself is not an appropriate basis for discharge from a residential
				treatment facility, except that no child or youth may remain in a residential
				treatment facility after attaining the age of 22.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.9 - Written plan for services and staff composition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each residential treatment
				facility shall develop and specify in a written plan for services and staff
				composition its goals and objectives and the manner in which it intends to achieve
				them. The written plan for services and staff composition shall be subject to
				approval by the Office of Mental Health.
(b) The written plan for services and staff composition shall address:
(1) the comprehensive treatment needs of the
				residents;
(2) the physical health needs
				of the residents;
(3) the vocational and
				educational needs of the residents; and
(4) the residential needs, including dietary, on a 24-hour
				basis.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.10 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A residential treatment
				facility shall continuously employ an adequate number of staff and an appropriate
				mix of staff to carry out its goals and objectives as well as to ensure the
				continuous provision of sufficient regular and emergency supervision of all
				residents 24 hours a day. As a component of the written plan for services and staff
				composition, the residential treatment facility shall submit a staffing plan which
				includes the qualifications and duties of each staff position, by title. The
				residential treatment facility shall submit a written staffing rationale which
				justifies the staff to be utilized, the mix of staff and the plan for appropriate
				supervision of staff. The staffing plan shall include procedures for periodic
				supervisory conferences with staff and procedures for written performance evaluation
				consistent with any collective bargaining requirements. This staffing plan shall be
				based on the population to be served and the services to be provided. The staffing
				plan and its rationale shall be submitted for approval by the Office of Mental
				Health.
(b) All clinical staff shall
				have at least a high school diploma or its equivalent.
(c) At least 50 percent of the clinical staff
				hours shall be provided by full-time employees.
(d) For purposes of this Part, professional staff
				are individuals who are qualified by training and experience to provide direct
				treatment services under minimal supervision.
(1)
				Professional staff shall include the following as defined in section 584.4(c)  of
				this Part:
(i) nurse;
(ii) occupational therapist;
(iii) physician;
(iv) psychiatrist;
(v) psychologist;
(vi) rehabilitation counselor;
(vii) social worker;
(viii) teacher;
(ix) therapeutic recreation specialist;
				and
(x) speech pathologist.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.11 - Service requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				services available through residential treatment facility must address the treatment
				needs of the resident and must include mental health services, educational and
				vocational services, physical health services and dietetic services.
(b) As a component of the written plan for
				services and staff composition, the residential treatment facility shall provide a
				written plan and rationale for the services available which shall be subject to
				approval by the Office of Mental Health. The written plan shall indicate what
				services will be available and whether the residential treatment facility will
				provide the services directly or through a written agreement with the provider of
				services. The written plan shall indicate what services will be available for
				involvement by the families or legal guardians of the residents.
(c) The mental health services available through
				the residential treatment facility shall include, but are not limited to, the
				services listed below. These mental health services must be provided directly by the
				residential treatment facility:
(1) case
				coordination services;
(2) verbal
				therapies;
(3) medication
				therapy;
(4) therapeutic recreation
				services;
(5) task and skill
				training.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.12 - Treatment program and environment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The treatment
				program and environment shall be designed to provide appropriate care on a 24-hour
				basis and to enhance treatment for all residents. The treatment program and
				environment shall ensure:
(1) a planned and
				predictable day-to-day routine for all residents
(2) the provision of a balance of privileges,
				expectations and responsibilities as appropriate to the ages and levels of
				functioning of the residents; and
(3)
				the safety, comfort and well-being of all residents.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.13 - Special treatment procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be a written plan
				for the use of restraint and seclusion, as defined in section 584.4  of this Part,
				that is in accordance with section 526.4  of this Title.
(b) There shall be a written plan for the use of
				time-out, as defined in section 584.4  of this Part. This plan shall, at a minimum,
				specify the criteria and procedures for the use of time-out, the rooms to be used,
				the procedures for monitoring that shall provide for visual observation of the child
				or youth at intervals of no more than 15 minutes, and the requirements for
				documentation in the case record. Time-out shall be limited to 30 minutes at one
				time, 45 minutes in any hour and two hours in any 24-hour period.
(c) No residential treatment facility shall use
				extraordinary risk procedures without prior approval by the Office of Mental Health
				of a written plan for the use of such procedures. The plan shall demonstrate
				compliance with all applicable Federal and State requirements. Extraordinary risk
				procedures include, but are not limited to, experimental treatment modalities,
				psychosurgery, aversive conditioning and electro-convulsive therapies.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.14 - Treatment team

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Treatment shall be the
				responsibility of an interdisciplinary treatment team. A treatment team shall be
				responsible for developing and implementing a treatment plan for each resident as
				required by section 584.15  of this Part.
(b) In order to address all aspects of the
				resident's needs, a treatment team shall be established for each resident and shall
				be comprised of the resident, clinical staff who are involved in the treatment of
				the individual resident on a regular basis, and where appropriate, of the family or
				legal guardian.
(1) The treatment team shall
				include all staff having significant participation in the treatment of the resident.
				The team shall, at a minimum, include a psychiatrist, at least one member of the
				clinical staff who is assigned to the living unit on a daily basis, and at least one
				member of the professional staff responsible for providing each of the following
				services to the resident:
(i) verbal
				therapies;
(ii) therapeutic recreation
				services; and
(iii) education and
				vocational services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.15 - Individual treatment plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual treatment plan
				shall be developed and implemented for each resident by the resident's treatment
				team.
(b) The individual treatment plan
				shall be based on a complete assessment of each resident.
(1) The assessment shall include, but shall not
				necessarily be limited to, physical, emotional, behavioral, social, educational,
				recreational and, when appropriate, vocational and nutritional needs. Special
				consideration shall be given to the role of the resident's family in each area of
				assessment.
(2) Clinical consideration
				of each resident's needs shall include a determination of the type and extent of
				special clinical examinations, tests and evaluations necessary for a complete
				assessment.
(3) The complete assessment
				shall be updated and documented at least annually as required in section 584.16  of
				this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.17 - Quality assurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each residential
				treatment facility shall have an organized quality assurance program designed to
				enhance resident care through the ongoing objective assessment of important aspects
				of resident care and the correction of identified problems. The quality assurance
				program shall provide for the following:
(1)
				identification of problems or concerns related to the care of residents;
(2) objective assessment of the cause and scope of
				the problems or concerns, including the determination of priorities for both
				investigating and resolving problems. Priorities shall be related to the degree of
				adverse impact on the care provided to residents that can be expected if the
				problems remain unresolved;
(3)
				implementation of decisions or actions that are designed to eliminate, insofar as
				possible, identified problems; and
(4)
				monitoring to assess whether or not the desired result has been achieved and
				sustained.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.18 - Utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each residential treatment
				facility shall have an organized utilization review program designed to monitor the
				appropriateness of continued stay and to identify the overutilization or
				underutilization of services.
(b) Each
				residential treatment facility shall prepare a written utilization review plan
				designed to ensure that there will be an ongoing utilization review program. This
				utilization review plan shall be subject to approval by the Office of Mental Health.
				The written utilization review plan shall address at a minimum:
(1) the establishment of a utilization review
				committee that shall be composed of at least three members of the clinical staff who
				meet the qualifications provided in section 584.10(d)  of this Part, at least two of
				whom shall be physicians. The utilization review committee shall include at least
				one physician who is knowledgeable in the diagnosis and treatment of mental
				illness;
(2) the operating procedures of
				the utilization review committee, including convening meetings as often as necessary
				to execute its functions, but in no event less often than quarterly; maintaining
				written minutes of meetings; and submitting reports to the director. Utilization
				review committee members who are directly involved in the care of a resident whose
				care is being reviewed shall be excluded from the committee's
				deliberations;
(3) the integration of
				the utilization review program into the quality assurance program provided for in
				section 584.17  of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.19 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
The following standards shall apply to the physical plant or
				  physical facilities of a residential treatment facility:
(a)
Construction standards.
(1) Facilities shall be and remain in compliance
				with applicable sections of the 2010 edition of the Guidelines for Design and
				Construction of Health Care Facilities published by the Facility Guidelines
				Institute with assistance from the United States Department of Health and Human
				Services, provided, however, that this provision shall apply only to facilities
				which undertake construction or major renovations on or after the effective date of
				this paragraph. Facilities which have been constructed or have completed major
				renovations prior to that date in accordance with Part 77 of this Title shall be
				deemed to be in compliance with this paragraph.
(2) The design of the facility shall meet the
				requirements of the applicable sections of the Americans with Disabilities Act and
				the ADA Standards for Accessible Design and implementing regulations found at 28 CFR
				Parts 35 and 36.
(3) Waivers of up to 10
				percent of the square footage for bedroom space will be considered by the Office of
				Mental Health upon application from the agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.20 - Statistical records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Such statistical information
				shall be prepared and maintained as may be necessary for the effective operation of
				the facility and as may be required by the Office of Mental Health.
(b) Statistical information shall be reported to
				Office of Mental Health in a manner and within time limits specified by the Office
				of Mental Health.
(c) Statistical
				reporting shall be the responsibility of an individual whose name and title shall be
				made known to the Office of Mental Health.
(d) Summaries of statistical information shall be
				reviewed at least annually as part of the annual evaluation process.
(e) A residential treatment facility shall report
				to the Office of Mental Health or commissioner's designee and the Advisory Board on
				Residential Treatment Facility Admissions, as requested by the office, the
				disposition of applications for admission or transfer received by each residential
				treatment facility. Such report shall include, but not be limited to: the number of
				children or youth that applied for admission or transfer to the residential
				treatment facility, the number of children or youth deemed not appropriate for
				admission and the reason(s) why, the number of children or youth admitted to each
				residential treatment facility, the number of children or youth transferred from a
				hospital operated by the office of mental health and subsequently transferred to
				another hospital, the average length of stay for residents at the residential
				treatment facility, the number of children or youth served at each residential
				treatment facility, the number of involuntary placements and/or transfers from
				Office of Mental Health operated inpatient facilities, and any other information
				requested. The Advisory Board authority is limited to evaluating information
				relating to admission criteria and admission decisions and services provided by each
				residential treatment facility.