New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.2 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To set forth
				specific minimum requirements with which a facility (see glossary, section
				686.99  of
				this Part) in the community residence (see glossary) class, certified by OPWDD,
				shall comply. This shall be in addition to any other regulation issued by the
				commissioner (see glossary) and designated therein as applicable to this
				facility class.
(b) To provide the
				basis to a facility for the development and implementation of written
				agency/facility (see glossary, section
				686.99  of
				this Part) specific policies/procedures (see glossary) which shall reflect
				compliance with this Part. Such policies/procedures shall become part of the
				agency's/facility's policy and/or procedure manual(s). Upon development, such
				policies/ procedures shall be implemented and the facility shall have the
				responsibility for ensuring ongoing compliance with said
				policies/procedures.
(c) OPWDD
				expects ongoing compliance with both principles of compliance and standards of
				certification. Therefore, such compliance shall be the responsibility of the
				agency/facility and shall be necessary for continued participation as a
				certified facility.
(d) The OPWDD
				certification process defined in subdivision 686.2(e)  of this section is
				superseded by requirements in Part 619 of this Title, Certification of
				Facilities and Home and Community Based Services (HCBS), effective on the
				effective date of these regulations.
(e) In reviewing the continued eligibility of
				a facility in the community residence class for an operating certificate, OPWDD
				shall survey for compliance with all "standards of certification" (see
				glossary, section
				686.99  of
				this Part) herein and any other regulatory requirements applicable to that
				class of operating certificate. OPWDD may make inquiries into and evaluate
				evidence of noncompliance with the "principles of compliance" (see glossary)
				applicable to this class of operating certificate.
(1) Principles of compliance set forth the
				basic conditions for the operation of the facility. Principles of compliance
				identify those requirements in which the State has a substantive interest
				because they are the basic and necessary conditions of participation with which
				a facility is to comply.
(i) Principles of
				compliance establish basic and necessary conditions with which a facility must
				be in compliance in order to receive and maintain certification.
(ii) Such principles shall focus on
				particular service or administrative components of a facility and/or on an
				entire certification classification. The intent of such principles is to
				clearly indicate the scope and extent of the State's interest.
(iii) Unless otherwise indicated, an
				agency/facility shall have the authority to demonstrate through policies,
				procedures, other documents, or any means, the methods and practices it will
				utilize to establish and ensure continued compliance with such
				principles.
(iv) These documents
				and/or means shall be made available to, or verified by, OPWDD to assess
				compliance and to grant initial certification.