reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.15 - The role of the licensed practical nurse in intravenous therapy procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
					 this section,
facility
shall mean an entity licensed pursuant
					 to article 28 of the Public Health Law.
(b) A facility may allow specially trained
					 licensed practical nurses, under the supervision of a qualified registered
					 professional nurse or physician, to perform all intravenous therapy procedures
					 except for the administration of blood and blood products, intravenous
					 anti-neoplastic agents, and a bolus of medication by intravenous push unless
					 administered for chronic hemodialysis treatment.
(c) The facility shall ensure that licensed
					 practical nurses allowed to perform intravenous therapy procedures have
					 satisfactorily completed a training program, received supervised clinical
					 experiences and demonstrated competence in the performance of intravenous
					 therapy procedures.
(d) The
					 training program for intravenous therapy shall include as a minimum instruction
					 in:
(1) the facility's policies and
					 procedures related to intravenous therapy;
(2) the facility's quality assurance and risk
					 management program;
(3) anatomy and
					 physiology related to intravenous therapy;
(4) the solutions and drugs used in
					 intravenous therapy, their pharmacological action and therapeutic
					 effects;
(5) procedures used for
					 mixing intravenous medications and solutions;
(6) the signs and symptoms of complications
					 and adverse reactions to intravenous therapy;
(7) the functions, use and maintenance of
					 intravenous devices and equipment; and
(8) infection control techniques.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.16 - Determination of death

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 individual who has sustained either:
(1)
					 irreversible cessation of circulatory and respiratory functions; or
(2) irreversible cessation of all functions
					 of the entire brain, including the brain stem, is dead.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.17 - Compliance with application conditions

Current through Register Vol. 46, No. 28, July 10, 2024
The operator of a medical facility shall comply with all
						conditions, limitations or other requirements imposed by the Public Health
						Council or commissioner in conjunction with the approval of any application for
						establishment or construction for such medical facility pursuant to the
						provisions of sections
						2801-a and
						2802 of the
						Public Health Law and this Chapter.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.18 - Statewide Planning and Research Cooperative System (SPARCS)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For the purposes of this section, these terms shall have
						the following meanings:
(1)
Health care facilities
shall mean facilities licensed under
					 article 28 of the Public Health Law.
(2)
Identifying data
					 elements
shall mean those SPARCS data elements that, if disclosed
					 without any restrictions on use or re-disclosure would constitute an
					 unwarranted invasion of personal privacy. A list of identifying data elements
					 shall be specified by the commissioner and will be made available
					 publicly.
(3)
Inpatient
					 hospitalization data
shall mean SPARCS data submitted by hospitals for
					 patients receiving inpatient services at a general hospital that is licensed
					 under article 28 of the Public Health Law and that provides inpatient medical
					 services.
(4)
Outpatient
					 data
shall mean emergency department data, ambulatory surgery data,
					 and outpatient services data.
(i)
Emergency department data
shall mean SPARCS data submitted by
					 a facility licensed to provide emergency department services under article 28
					 of the Public Health Law.
(ii)
Ambulatory surgery data
shall mean SPARCS data submitted by a
					 facility licensed to provide ambulatory surgery services under article 28 of
					 the Public Health Law.
(iii)
Outpatient services data
shall mean all data submitted by
					 licensed article 28 facilities excluding inpatient hospitalization data,
					 emergency department data, and ambulatory surgery data.
(5)
SPARCS Administrator
shall mean a person in the SPARCS program designated by the commissioner to act
					 as administrator for all SPARCS activities.
(6)
SPARCS data
shall mean
					 the data collected by the commissioner under section
					 2816 of the
					 Public Health Law and this section, including inpatient hospitalization data
					 and outpatient data.
(7)
SPARCS program
shall mean the program in the New York State
					 Department of Health (NYSDOH) that collects and maintains SPARCS data and
					 discloses SPARCS data.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.19 - Withdrawal of equity or assets

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For purposes of this section, the following terms shall
						have the following meanings:
(1) The
					 term
equity
means:
(i) any
					 right or claim to assets;
(ii) any
					 interest in property or in a business, subject to claims of
					 creditors;
(iii) the difference
					 between assets and liabilities;
(iv) net worth.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.20 - HIV infection control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 facilities regulated under this article shall:
(1) implement and enforce a program for the
					 prevention of circumstances which could result in an employee or patient/client
					 becoming exposed to significant risk body substances which could put them at
					 significant risk of HIV infection during the provision of services, as defined
					 in sections
					 63.1 and
					 63.9 of this Title. Such a program
					 shall include:
(i) use of scientifically
					 accepted protective barries during job-related activities which involve, or may
					 involve, exposure to significant risk body substances. Such preventive action
					 shall be taken by the employee with each patient/client as an essential element
					 for the prevention of bidirectional spread of HIV;
(ii) use of scientifically accepted
					 preventive practices during job-related activities which involve the use of
					 contaminated instruments or equipment which may cause puncture
					 injuries;
(iii) training at the
					 time of employment and yearly staff development programs on the use of
					 protective equipment, preventive practices, and circumstances which represent a
					 significant risk for all employees whose job-related tasks involve, or may
					 involve, exposure to significant risk body substances;
(iv) provision of personal protective
					 equipment for employees which is appropriate to the tasks being performed;
					 and
(v) a system for monitoring
					 preventive programs to assure compliance and safety;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.24 - Charges in connection with certain health care facility financings

Current through Register Vol. 46, No. 28, July 10, 2024
Public Health Law, §§ 2868, 2881; Public Authorities Law,
						§ 2976-a(3)
In connection with the issuance of bonds, notes, or other
						obligations issued by public benefit corporations (which for purposes of this
						section shall include the Dormitory Authority of the State of New York and
						industrial development agencies [IDAs] created pursuant to title 1 of article
						18-A of the General Municipal Law or any other provision of law) for the
						financing of hospital projects approved by the commissioner for which
						reimbursement is provided pursuant to article 28 of the Public Health Law, the
						commissioner shall charge for the operational period for such financing which
						shall be from occupancy date to mortgage discharge, an annual charge of three-
						tenths of one percent of the mortgage loan, for inspection, regulation,
						supervision and audit payable monthly to the State Department of Health by the
						owner or operator of the hospital project. Adjustments of charges for the
						operational period shall be made by adjusting future operational period
						payments. For purposes of this section, the term
hospital
shall have the same meaning as is set forth in section
						2801
						(1) of the Public Health
						Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 400 - All Facilities-General Requirements › Section 400.26 - Health Equity Impact Assessments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 accordance with Public Health Law § 2802-b, applications under Article 28,
					 meeting the criteria set forth in this section, shall include a health equity
					 impact assessment. The purpose of the health equity impact assessment is to
					 demonstrate how a proposed project affects the accessibility and delivery of
					 health care services to enhance health equity and contribute to mitigating
					 health disparities in the facility's service area, specifically for medically
					 underserved groups.
(b)
					 Definitions. For the purposes of this section the following terms shall have
					 the following meaning:
(1)
Independent
					 entity
means individual or organization with demonstrated expertise
					 and experience in the study of health equity, anti-racism, and community and
					 stakeholder engagement, and with preferred expertise and experience in the
					 study of health care access or delivery of health care services, able to
					 produce an objective written assessment using a standard format of whether,
					 and, if so, how, the facility's proposed project will impact access to and
					 delivery of health care services, particularly for members of medically
					 underserved groups.
(2)
Conflict of Interest
means having a financial interest in the
					 approval of an application or assisting in drafting any part of the application
					 on behalf of the facility, other than the health equity assessment.
(3)
Stakeholders
shall
					 include individuals or organizations currently or anticipated to be served by
					 the facility, employees of the facility including facility boards or
					 committees, public health experts including local health departments, residents
					 of the facility's service area and organizations representing those residents,
					 patients or residents of the facility, community-based organizations, and
					 community leaders.
(4)
Meaningful engagement
shall mean providing advance notice to
					 stakeholders and an opportunity for stakeholders to provide feedback concerning
					 the facility's proposed project, including phone calls, community forums,
					 surveys, and written statements. Meaningful engagement must be reasonable and
					 culturally competent based on the type of stakeholder being engaged (for
					 example, people with disabilities should be offered a range of audiovisual
					 modalities to complete an electronic online survey).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 401 - All Facilities-operating Certificates › Section 401.2 - Limitations of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
Operating certificates are issued to established
						operators subject to the following limitations and conditions:
(a) The medical facility shall control
					 admission and discharge of patients or residents to assure that occupancy shall
					 not exceed the bed capacity specified in the operating certificate, except that
					 a hospital may temporarily exceed such capacity in an emergency.
(b) An operating certificate shall be used
					 only by the established operator for the designated site of operation, except
					 that the commissioner may permit the established operator to operate at an
					 alternate or additional site approved by the commissioner on a temporary basis
					 in an emergency. An operating certificate issued for a facility approved to
					 provide:
(1) chronic renal dialysis services
					 shall also encompass the provision of such services to patients at
					 home;
(2) comprehensive outpatient
					 rehabilitation facility (CORF) services shall also encompass the provision of
					 the following services offsite: physical therapy, occupational therapy, speech
					 pathology and in addition, home visits to evaluate the home environment in
					 relation to the patient's established treatment goals; and
(3) outpatient physical therapy, occupational
					 therapy and/or speech-language pathology services shall also encompass the
					 provision of home visits to evaluate the home environment in relation to the
					 patient's established treatment goals.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 401 - All Facilities-operating Certificates › Section 401.3 - Changes in existing medical facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Proposed changes in physical plant, bed
					 capacity and the extent and kind of services provided shall be submitted to the
					 department in writing, pursuant to the provisions of section
					 710.1(b) of this
					 Title. Such changes shall not be made until receipt of the appropriate
					 department approval as set forth in section
					 710.1(b) of this
					 Title. The commissioner may, grant administrative approval to such proposed
					 changes in accordance with the provisions and criteria set forth in section
					 710.1(c) of this
					 Title.
(1) A medical facility shall submit,
					 for all approved projects involving a capital outlay of $100,000 or more, a
					 schedule of costs at the completion of construction, which shall be certified
					 to the satisfaction of the commissioner and subject to audit.
(2) The schedule of costs shall be submitted
					 either at the time of the final construction inspection or within 120 days of
					 such inspection. The commissioner, upon written request to the Division of
					 Health Care Financing, New York State Department of Health, and good cause
					 being shown therefor, may grant an extension of time for such
					 submission.
(3) Upon receipt of the
					 schedule of certified costs, the department shall review the submission,
					 request substantiating material and/or clarification of such submission, when
					 necessary, and determine that the submitted costs are in conformity with the
					 previously approved project concept, generally accepted accounting principles,
					 the approved estimated project cost, and in the event the schedule of certified
					 costs exceeds the approved estimated project cost, that the excess costs are
					 necessary, justified and consistent with efficient production of
					 services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 401 - All Facilities-operating Certificates › Section 401.4 - Review of operating certificate determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To review a determination of the
					 department made pursuant to the provisions of this Subchapter relating to an
					 operating certificate, an applicant shall forward such request in writing to
					 the commissioner, specifying the relief sought, within 30 days following the
					 determination.
(b) The commissioner
					 may, in his discretion, grant or deny the request; or, prior to making a
					 determination, direct that a hearing be held to recommend whether the relief
					 sought by the applicant shall be granted.
(c) The findings, conclusions and
					 recommendations of the hearing officer may be referred by the commissioner to
					 the council for review and recommendations; the council shall not act upon any
					 such referral until the regional hospital planning councils concerned have had
					 a reasonable time to submit their recommendations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Chapter 769 of the Laws of 2005, as
					 amended by Chapters 331 and 673 of the Laws of 2006, imposed the requirement
					 for review of the criminal history record of certain prospective employees of
					 residential health care facilities licensed under Article 28 of the Public
					 Health Law and certified home health agencies, licensed home care services
					 agencies or long term home health care programs certified, licensed, or
					 authorized under Article 36 of the Public Health Law who are hired or used on
					 or after September 1, 2006 and who will provide direct care or supervision to
					 patients, residents or clients of such providers.
(2) Chapter 60 of the Laws of 2014, Part A,
					 sections 22 and 24, as amended by Chapter 94 of the Laws of 2014, imposed the
					 requirement for review of the criminal history record of certain employees of
					 adult homes, enriched housing programs, and residences for adults licensed
					 under Article 7 of the Social Services Law who are hired or used on or after
					 January 1, 2015 and who will provide direct care or supervision to residents of
					 such providers.
(3) Chapter 471 of
					 the Laws of 2016, as amended by Chapter 206 of the Laws of 2017, imposed the
					 requirement for review of the criminal history record of certain employees of
					 providers certified under Article 40 of the Public Health Law who are hired on
					 or after April 1, 2018 and who will provide direct care or supervision to
					 patients of such providers.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This part shall apply to every provider of services to
						patients, residents, or clients that is:
(a) a residential health care facility
					 licensed under Article 28 of the Public Health Law ;
(b) a certified home health agency, licensed
					 home care services agency, or long term home health care program certified,
					 licensed, or authorized under Article 36 of the Public Health Law;
(c) an adult home, enriched housing program,
					 or residence for adults licensed under Article 7 of the Social Services Law;
					 or
(d) a hospice program licensed,
					 certified, or authorized under Article 40 of the Public Health
					 Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.4 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Each provider shall assure that criminal
					 history information is requested, received, reviewed, and acted upon in a
					 timely manner. Each provider shall designate one authorized person or, when
					 necessary to assure compliance with this Part more authorized persons, and
					 shall submit the name, position and contact information for each authorized
					 person to the department in the form and format required by the
					 department.
(2) A provider may
					 request the designation of more authorized persons, as provided for in
					 paragraph (1) of this subdivision, with the basis for such request. The
					 department shall determine the reasonableness of such request weighing the need
					 for maintaining confidentiality of the criminal history information against the
					 provider's administration of criminal history record checks.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.5 - Requirements before submitting a request for a criminal history record check

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the extent
					 permitted by law, a provider shall request from a prospective employee a
					 certification disclosing any prior finding of patient or resident abuse, or a
					 criminal conviction in this State or any other jurisdiction. Providers shall
					 evaluate such statements in all hiring decisions, including any temporary
					 employment allowed under this Part.
(b) The provider shall inform the subject
					 individual in writing that:
(1) the provider
					 is required to request a check of his or her criminal history information and
					 review the results of such criminal history record check; and
(2) the subject individual has the right to
					 obtain, review and seek correction of his or her criminal history information
					 pursuant to rules and regulations established by the division and the
					 FBI.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.6 - Criminal history record check process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The provider shall ensure the submission of a request for a criminal history
					 record check for each prospective employee. If a permanent record does not
					 exist for the prospective employee, the department shall be authorized to
					 request and receive criminal history information from the division concerning
					 the prospective employee in accordance with the provisions of section
					 845-b of the
					 Executive Law. Access to and the use of such information shall be governed by
					 the provisions of such section of the Executive Law. The division is authorized
					 to submit fingerprints to the FBI for a national criminal history record
					 check.
(b) A provider requesting a
					 criminal history record check pursuant to this Part shall do so by completing
					 and submitting a form developed and provided by the department after
					 consultation with the division and transmitting two sets of fingerprints to the
					 department. An authorized person, and only an authorized person, shall complete
					 such form and shall submit the original with the authorized person's signature
					 (not a facsimile signature) and two sets of fingerprints to the department not
					 more than 10 days (excluding Saturdays, Sundays and legal holidays) after
					 taking the fingerprints of the prospective employee. The department shall
					 maintain such form, in the form and format prescribed by the department, which:
(1) identifies the name of each person for
					 whom the provider requests a criminal record check, and attests that each such
					 person is a prospective employee of the provider, and, as such, the person is a
					 subject individual, as defined in this Part;
(2) identifies the specific duties of the
					 subject individual which qualify the provider to request a check of the subject
					 individual's criminal history information;
(3) attests that the results of the criminal
					 history record check will be used by the provider solely for the purposes
					 authorized by law; and
(4) attests
					 that the provider, its agents, and employees are aware of and will abide by the
					 confidentiality requirements and all other provisions of Public Health Law
					 article 28-E and Executive Law section 845-b, as they may from time to time be
					 amended.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.8 - Notification of criminal charges or convictions incurred subsequent to hiring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receiving
					 notification from the division that there is a pending criminal action or
					 proceeding, or conviction, with regard to an employee, the department shall
					 promptly notify an authorized person(s) of a provider of the allegation or new
					 conviction.
(b) The provider shall
					 determine whether the action or proceeding or conviction presents a threat to
					 the health, safety and well-being of a resident or patient.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.9 - Responsibilities of providers; required notifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recordkeeping.
(1) Each provider shall establish, maintain,
					 and keep current, a record of:
(i) a roster
					 of current employees who were reviewed pursuant to this Part and a list of
					 their staffing assignments; such roster shall be submitted by April 1st of each
					 year or upon written request of the department in a form and format specified
					 by the commissioner;
(ii) the names
					 of each person for whom a request for a criminal history information was
					 submitted to the department;
(iii)
					 for each such name recorded pursuant to subparagraph (ii) of this paragraph, a
					 copy of the signed informed consent form required pursuant to section
					 402.5 of this Part;
(iv) for each such name recorded pursuant to
					 subparagraph (ii) hereof, the results of the criminal history record check and
					 determination of the Department with regard to the employment;
(v) for certified home health care agencies,
					 licensed home care services agencies or long term home health care programs
					 licensed or certified under Article 36 of the Public Health Law, the onsite
					 supervision and alternate week contacts made for assessment of temporary
					 employees as set forth in Section
					 402.4(b)(2)(ii)
					 of this Title;
(vi) for adult
					 homes, enriched housing programs, and residences for adults licensed under
					 Article 7 of the Social Services Law, the onsite supervision of temporary
					 employees as set forth in section
					 402.4(b)(2)(iv)
					 of this Title; and
(vii) for
					 hospice programs certified under Article 40 of the Public Health Law, the
					 onsite supervision and alternate week contacts made for assessment of temporary
					 employees as set forth in section
					 402.4(b)(2)(v) of
					 this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 402 - Criminal History Record Check › Section 402.10 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
					 that funds are appropriated in any given fiscal year for reimbursement for the
					 costs of obtaining criminal history information required by this Part,
					 reimbursement shall be made available in an equitable and direct manner for the
					 projected cost of the fee established pursuant to law by the Division for
					 processing a criminal history record check, the fee imposed by the FBI for a
					 national criminal history check, and costs associated with obtaining the
					 fingerprints to all providers licensed, but not certified, under Article 36 of
					 the Public Health Law, and all adult homes, enriched housing programs, and
					 residences for adults licensed under Article 7 of the Social Services Law,
					 including those that are subject to this Part and are unable to access direct
					 reimbursement from state and/or federally funded health programs.
(b) Residential health care facilities
					 licensed pursuant to Article 28 of the Public Health Law, certified home health
					 care agencies and long-term home health care programs certified or approved
					 pursuant to Article 36 of the Public Health Law, and hospice programs certified
					 pursuant to Article 40 of the Public Health Law, may, subject to the
					 availability of federal financial participation, claim as reimbursable costs
					 under the medical assistance program, costs reflecting the fee established
					 pursuant to law by the Division for processing a criminal history information
					 check, the fee imposed by the FBI for a national criminal history check, and
					 costs associated with obtaining the fingerprints, provided, however, that for
					 the purposes of determining rates of payment pursuant to Article 28 of the
					 Public Health Law for residential health care facilities, such reimbursable
					 fees and costs shall be reflected as timely as practicable in such rates within
					 the applicable rate period.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This part shall
					 apply to every home care services agency certified, licensed or authorized
					 under Article 36 of the Public Health Law, including agencies exempt under
					 Public Health Law Section 3619; to every hospice program certified under
					 Article 40 of the Public Health Law; to every enhanced assisted living
					 residence licensed under Article 7 of the Social Services Law and certified
					 under Article 46-B of the Public Health Law; and any education or training
					 program for advanced home health aides or home health aides or personal care
					 aides that is authorized, licensed or approved by either the Department or the
					 New York State Education Department; and any person who has successfully
					 completed a state approved education or training program.
(b) Nothing in this part shall be construed
					 to amend, supersede or otherwise modify any requirements of the regulations of
					 the Department of Health relating to the education or training of advanced home
					 health aides or home health aides or personal care aides by New York State
					 authorized education or training programs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following terms shall have
						the following meanings:
(a) "Advanced
					 home health aide" is a certified home health aide who has satisfied all
					 requirements to perform advanced tasks set forth in subdivision two of section
					 6908 of the
					 Education Law and regulations issued by the state education department
					 thereunder and who is currently listed in the home care services worker
					 registry maintained by the department pursuant to subdivision nine of section
					 3613 of the
					 Public Health Law as having satisfied all applicable requirements for
					 performing advanced tasks as an advanced home health aide. An advanced home
					 health aide shall have successfully completed a training program for advanced
					 home health aides that is approved by the department or the state education
					 department.
(b) "Commissioner"
					 means the Commissioner of Health of the State of New York.
(c) "Department" means the New York State
					 Department of Health.
(d) "Home
					 care services entity" or "entity" means:
(i)
					 a home care services agency or other entity providing home care services
					 subject to Article 36 of the Public Health Law or exempt under section 3619 of
					 such law;
(ii) for purposes of
					 compliance with the home care worker registry, an enhanced assisted living
					 residence licensed under Article 7 of the Social Services Law and certified
					 under Article 46-B of the Public Health Law and providing enhanced assisted
					 living services; and
(iii) for
					 purposes of compliance with the home care worker registry, a hospice program
					 certified under Article 40 of the Public Health Law and providing hospice
					 care.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.3 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 State approved education or training program and home care services entity must
					 request and submit information required for the registry as specified in this
					 Part. Each program and entity shall designate at least two individuals to
					 access and enter data in the registry and shall submit the names, positions and
					 contact information for each such individual to the department in the form and
					 manner required by the department.
(b) Each program or entity subject to the
					 provisions of this Part shall have policies and procedures designed to
					 implement the provisions of this Part.
(c) Only an individual designated in
					 accordance with subdivision (a) of this section shall submit the information to
					 the registry. Home care services workers or trainees may submit information to
					 any such individual for inclusion in the registry as specified in this
					 Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.4 - Responsibilities of state approved education or training programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any entity that
					 offers or provides a State approved education or training program shall, for
					 each trainee who begins a training program:
(1)
(i)
					 Verify the identity of the trainee by examining at least one of the following
					 unexpired documents:
(a) driver's license or
					 identification card issued by a State or outlying possession of the United
					 States, provided it contains a photograph or information such as name, date of
					 birth, gender, height, eye color and address;
(b) identification card issued by Federal,
					 State or local government agencies or entities, provided it contains a
					 photograph or information such as name, date of birth, gender, height, eye
					 color, and address;
(c) school
					 identification card with a photograph;
(d) voter's registration card;
(e) United States military card or draft
					 record;
(f) military dependent's
					 identification card;
(g) United
					 States coast guard merchant mariner card;
(h) Native American tribal
					 document;
(i) driver's license
					 issued by a Canadian government authority;
(j) United States passport or United States
					 passport card;
(k) permanent
					 resident card or alien registration receipt card; or
(l) employment authorization document that
					 contains a photograph.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.5 - Responsibilities of home care services entities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A home care services entity will have the
					 following responsibilities with respect to home care services workers employed
					 on or after September 25, 2009:
(1) For any
					 home care services worker who began their training on or after September 25,
					 2009, a home care services entity shall access the worker's registry
					 information prior to the worker beginning to provide home care services for
					 that entity.
(2) A person who
					 successfully completed a state approved education or training program for home
					 health aides or personal care aides that began on or after September 25, 2009,
					 may not provide home care services unless the person's information has been
					 posted to the registry by the education or training program.
(3) within 10 business days after the worker
					 has been employed by the home care services entity, enter the information
					 required by section
					 3613
					 (3)(f) of the Public Health Law into the
					 registry in the form and manner required by the Department;
(4) A person who successfully completed a
					 state approved education or training program for advanced home health aides may
					 not provide advanced home health aide services unless the person's information
					 has been posted to the registry by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.6 - Responsibilities of home care services workers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home care services workers have the
					 following responsibilities:
(1) workers must
					 retain in good order their certificate of successful completion of training and
					 display it to a prospective employer when requested;
(2) if a worker discovers that a training
					 program or entity incorrectly entered information regarding the worker in the
					 registry, the worker must provide corrected information, including any
					 verification of the change that may be requested, to the training program or
					 entity;
(3) if any information
					 required for the registry changes, the worker must inform the program or entity
					 of the changes and provide verification of the change as requested by the
					 program or entity;
(4) if a worker
					 changes his or her name, the worker must provide proof of the name change to
					 the program or entity. The program or entity will change the worker's name in
					 the registry and must retain a copy of the proof submitted in the entity's
					 permanent records. Appropriate proof of change of name includes copy of a
					 certificate of marriage, decree of divorce, or other court order authorizing a
					 person to change his or her name.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 403 - Home Care Worker Registry › Section 403.7 - Other responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each program shall establish, maintain, and keep such records as are required
					 to show compliance with this Part for a period of six years after the
					 successful completion of training, unless otherwise directed by the department
					 or the New York State Education Department.
(b) Each entity shall establish, maintain,
					 and keep such records as are required to show compliance with this Part for a
					 period of six years after the termination of a worker's employment, unless
					 otherwise directed by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.1 - Background and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Physical and
					 behavioral health conditions (i.e., mental illness and/or substance use
					 disorders) often occur at the same time. Persons with behavioral disorders
					 frequently experience chronic illnesses such as hypertension, diabetes,
					 obesity, and cardiovascular disease. These illnesses can be prevented and are
					 treatable. However, barriers to primary care, as well as the difficulty in
					 navigating complex health care systems, are a major obstacle to individuals
					 with behavioral health disorders seeking treatment for their physical
					 conditions.
(b) Primary care
					 settings have, at the same time, become a gateway to the behavioral health
					 system, as people seek care for mild to moderate behavioral health needs (e.g.,
					 anxiety, depression, or substance use) in primary health care settings. Health
					 care providers have long recognized that many patients have both physical and
					 behavioral health care needs, yet physical and behavioral health care services
					 have traditionally been provided and paid for separately. Even behavioral
					 health services have traditionally been treated in a bifurcated system (e.g.,
					 substance use disorder treatment is treated separately from mental health
					 treatment).
(c) The term
					 "integrated care" describes the systematic coordination of primary and
					 behavioral health care services. The growing awareness of the prevalence and
					 cost of comorbid physical and behavioral health conditions, and the increased
					 recognition that integrated care can improve outcomes and achieve savings, has
					 led to increasing acceptance of delivery models that integrate physical and
					 behavioral health care. Moreover, most patients prefer to have their physical
					 and behavioral health care delivered in one place, by the same team of
					 clinicians.
(d) Accordingly, these
					 regulations will prescribe standards for the integration of physical and
					 behavioral health care services in certain outpatient programs licensed by the
					 Department of Health, the Office of Mental Health, and/or the Office of
					 Alcoholism and Substance Abuse Services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.2 - Legal Base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Office of
					 Mental Health.
(1) Section
					 7.09 of the
					 Mental Hygiene Law (MHL) grants the commissioner of Mental Health the power and
					 responsibility to adopt regulations that are necessary and proper to implement
					 matters under his or her jurisdiction.
(2) Section 7.15 of the MHL charges the
					 commissioner of Mental Health with the responsibility for planning, promoting,
					 establishing, developing, coordinating, evaluating and conducting programs and
					 services of prevention, diagnosis, examination, care, treatment,
					 rehabilitation, training, and research for the benefit of persons with mental
					 illness. Such law further authorizes the commissioner to take all actions that
					 are necessary, desirable, or proper to carry out the statutory purposes and
					 objectives of the Office of Mental Health, including undertaking activities in
					 cooperation and agreement with other offices within the Department of Mental
					 Hygiene, as well as with other departments or agencies of state
					 government.
(3) Section 31.04 of
					 the MHL authorizes the commissioner of Mental Health to set standards of
					 quality and adequacy of facilities, equipment, personnel, services, records and
					 programs for the rendition of services for adults diagnosed with mental illness
					 or children diagnosed with emotional disturbance, pursuant to an operating
					 certificate.
(4) Sections 31.07,
					 31.09, 31.13, and 31.19 of the MHL authorize the commissioner of Mental Health
					 or his or her representatives to examine and inspect such programs to determine
					 their suitability and proper operation. Section 31.16 authorizes such
					 commissioner to suspend, revoke or limit any operating certificate, under
					 certain circumstances.
(5) Section
					 31.11 of the MHL requires every holder of an operating certificate to assist
					 the Office of Mental Health in carrying out its regulatory functions by
					 cooperating with the commissioner of Mental Health in any inspection or
					 investigation, permitting such commissioner to inspect its facility, books and
					 records, including recipients' records, and making such reports, uniform and
					 otherwise, as are required by such commissioner.
(6) Article 33 of the MHL establishing basic
					 rights of persons diagnosed with mental illness.
(7) Sections
					 364 and
					 364-a of
					 the Social Services Law give the Office of Mental Health responsibility for
					 establishing and maintaining standards for medical care and services in
					 facilities under its jurisdiction, in accordance with cooperative arrangements
					 with the Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
					 of this Part shall apply to providers seeking approval to provide integrated
					 care services at a single outpatient site (host site). This includes:
(i) locations licensed under Article 28 of
					 the Public Health Law as diagnostic and treatment centers,
(ii) extension clinics as defined in
					 paragraph (g) of section 401.1 of Title 10,
(iii) general hospital outpatient programs
					 licensed under PHL Article 28,
(iv)
					 substance use disorder outpatient services certified under MHL Article 32,
					 and
(v) clinic treatment programs
					 licensed under MHL Article 31.