New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-99 - Glossary › Section 635-99.1 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Act,
				  social security (section 1915[c]).
Home and community-based services waiver-authorization from
					 the Secretary of the Federal Department of Health and Human services whereby
					 pursuant to 42 USC section
					 1396n:
"The Secretary may by waiver provide that a State plan
					 approved under this Title may include as "medical assistance" under such plan
					 payment for part or all of the cost of a home or community-based services
					 (other than room and board) approved by the Secretary which are provided
					 pursuant to a written plan of care to individuals with respect to whom there
					 has been a determination that but for the provision of such services the
					 individuals would require the level of care provided in a hospital or a nursing
					 facility or intermediate care facility for the mentally retarded the cost of
					 which could be reimbursed under the State plan. For purposes of this
					 subdivision, the term "room and board" shall not include an amount established
					 under a method determined by the State to reflect the portion of costs of rent
					 and food attributable to an unrelated person caregiver who is residing in the
					 same household with an individual who, but for the assistance of such
					 caregiver, would require admission to a hospital, nursing facility, or
					 intermediate care facility for the mentally retarded."
(b)
Adult.
Anyone who is 18 years of age or older, or is the parent of
					 a child, or has married.
(c)
Advocate.
For the purposes of the home and community-based services
					 (HCBS) waiver, a party chosen by the participant in the waiver who assists the
					 person with the application process and in the development, implementation,
					 review, and revision of the services, supports, and activities that the person
					 chooses in order to attain his or her personal life goals and individualized
					 service environment. A capable adult, as defined in section
					 633.99  of this Title may choose
					 not to have an advocate. The advocate must be 18 years or older and may include
					 an involved parent or other member of the family, legal guardian, friend, or
					 member of the community who is not providing direct services to the person
					 pursuant to the individualized service plan or who is not employed by an entity
					 providing direct services to the participant in the waiver. However, an
					 ombudsperson at a development center, appointed pursuant to section 13.34  of the Mental Hygiene Law,
					 may also be considered as a person's choice for his/her advocate. The fact that
					 someone is functioning in the role of advocate for a person enrolled in the
					 HCBS waiver does not endow that party with any legal authority over the
					 person's affairs unless they also happen to be the adult person's guardian or
					 the parent of a minor.
(d)
Agency.
The "operator" of a facility, program or service operated,
					 certified, authorized, or funded through contract by OPWDD. In the case of
					 State-operated facilities, the DDSO is considered to be the "agency." Family
					 care providers are not to be considered an agency (also see "agency,
					 sponsoring").
(e)
Agency/facility.
As used in this Part, a term used to indicate that the
					 stated requirement needs to be considered in relation to the administrative
					 structure of both the agency and the site- specific facility and acted upon
					 accordingly.
(f)
Agency, sponsoring.
The administrator of one or more family care homes. In the
					 case of family care homes operated under State auspice, the DDSO is considered
					 to be the sponsoring agency.
(g)
Allowance, personal.
The monthly personal allowance is that portion of income
					 which is made available on a monthly basis to every person residing in a
					 facility operated or certified by OPWDD which is intended for the personal
					 expenditure by an individual.
(h)
Ancillary costs.
Ancillary costs are those charges identified in a lease in
					 additional to monthly rent. These include but are not limited to: special
					 assessments, taxes, co-op or condominium maintenance fees, utility payments
					 assessed to the lessee by the lessor pursuant to the terms of the lease, and
					 lessor-financed renovations billed as additional rent.
(i)
Approved lease.
A lease approved by OPWDD and the New York State Division
					 of the Budget.
(j)
Approved proprietary lease.
A proprietary lease approved by OPWDD and the New York
					 State Division of the Budget.
(k)
Attic.
Space between the top of the uppermost floor construction
					 and underside of the roof.
(l)
Basement.
That space of a building that is partly below grade which
					 has more than half of its height, measured from floor to ceiling, above the
					 average established curb level or finished grade of the ground adjoining the
					 building.
(m)
Capable.
For the purposes of this Part, an individual 18 years of
					 age or older who is able to understand the nature and implications of an issue.
					 The assessment of capacity in relation to each issue as it arises will be made
					 by the individual's program planning team (see glossary). Capability, as
					 stipulated by this definition, does not mean legal competency; nor does it
					 necessarily relate to an individual's capability to independently handle his or
					 her own financial affairs; nor does it relate to the individual's capacity to
					 understand appropriate disclosures regarding proposed professional medical
					 treatment. Whenever there is doubt on the part of any other party interested in
					 the welfare of the individual as to that individual's ability to make
					 decisions, as ascertained by the program planning team or others called upon by
					 an agency, a determination of capability for a specific issue or issues may be
					 made by a Capability Review Board (see glossary, section
					 624.20  of this Title) designated
					 by the commissioner except that in an ICF/DD facility the requirements of
					 section 681.13  of this Title may apply. A
					 capable adult individual cannot override the authority granted a guardian
					 pursuant to article 81 of the Mental Hygiene Law or of a conservator or a
					 committee appointed pursuant to articles 77 and 78 of the Mental Hygiene Law
					 (now repealed); or the authority granted a guardian in accordance with the
					 Surrogate Court Procedure Act.
(n)
Cellar.
That space of a building that is partly or entirely below
					 grade, which has more than half of its height, measured from floor to ceiling,
					 below the average established curb level or finished grade of the ground
					 adjoining the building.
(o)
Center, developmental.
A State-operated facility designated as a school for the
					 care and treatment of people with developmental disabilities.
(p)
Certification, standards of.
See "standards of certification."
(q)
Cleaning, basic dry.
At least annual dry cleaning of a person's clothing, such
					 as a wool coat, which the manufacturer has specified, dry clean only, and which
					 was purchased at the agency's/facility's, sponsoring agency's, or family care
					 provider's discretion. Items which must be dry cleaned which are purchased at
					 the sole discretion of a person, would be paid for by that
					 person.
(r)
Clothing,
				  basic.
A clothing supply for a person which is in good repair and
					 which ensures that he or she is outfitted daily in clean clothing, appropriate
					 to the season, to the occasion, and to his or her age, sex, and size.
					 Appropriate sleep wear is also required.
(s)
Code, building.
The New York State Uniform Fire Prevention and Building
					 Code or the Building Code of the City of New York.
(t)
Commissioner.
The commissioner of the New York State Office for People
					 With Developmental Disabilities, or his or her designee.
(u)
Common ownership.
An individual or individuals possessing significant
					 ownership or equity in the provider and the organization serving the
					 provider.
(v)
Competitive integrated employment.
Competitive Integrated Employment. Employment integrated in
					 the general workforce, for which an individual is compensated at or above the
					 applicable County, State, or Federal minimum wage, but not less than the
					 customary wage and level of benefits paid by the employer for the same or
					 similar work performed by individuals without disabilities.
(w)
Compliance, principles of.
See "principles of compliance."
(x)
Contract rent.
The amount of rent stated in the lease or proprietary lease
					 as rent, additional rent, maintenance, special assessments, or any other
					 additional charges, costs, expenses, liabilities and obligations.
					 Notwithstanding the foregoing,
contract rent
shall not include
					 an amount greater than the amount approved by OPWDD and the Division of the
					 Budget.
(y)
Control.
The power, directly or indirectly, to significantly
					 influence or direct the actions or policies of someone or an
					 organization.
(z)
Controlling party.
An organization or someone who, by reason of a direct or
					 indirect ownership interest (whether of record or beneficial), has the ability,
					 acting either alone or in concert with others with ownership interest, to
					 direct or exert a controlling influence on the management policies of the
					 provider. Except as otherwise provided in this section, neither the
					 commissioner, nor any employee of the OPWDD, nor any member of a local
					 legislative body of a county or municipality, nor any county or municipal
					 official except when acting as the administrator of a program, shall by reason
					 of his or her official position be deemed a controlling party of the provider;
					 nor shall anyone who serves as an administrator or other employee of a provider
					 be deemed to be a controlling party of such provider solely as a result of such
					 position or his or her official actions in such position.
(aa)
Co-operative.
A corporation or organization formed for the purpose of
					 co-operative ownership of real estate.
(ab)
Co-partner.
A partner in a partnership of which the provider is also a
					 partner.
(ac)
Corporation, not-for-profit.
A corporation formed pursuant to the Not-for-Profit
					 Corporation Law for some benevolent or charitable purpose and not for the
					 purposes of making financial return on investment.
(ad)
DDSO.
The Developmental Disabilities services Office is the local
					 administrative unit of OPWDD. The governing body of the DDSO is the central
					 office administration of OPWDD. The DDSO director is its chief executive
					 officer.
(ae)
Disability, developmental.
A developmental disability as defined in section 1.03 (22)  of the
					 Mental Hygiene Law.
(af)
Dormitory Authority.
The Dormitory Authority of the State of New York as
					 successor to the Facilities Development Corporation, and the Dormitory
					 Authority of the State of New York as the successor to the Medical Care
					 Facilities Finance Agency.
(ag)
Dwelling.
Any building that contains one or two dwelling units used,
					 intended, or designed to be built, used, rented, leased, let or hired out to be
					 occupied, or that are occupied for living purposes.
(ah)
Dwelling unit.
A single unit providing complete independent living
					 facilities for one or more parties, including permanent provisions for living,
					 sleeping, eating, cooking and sanitation. A building containing three or more
					 dwelling units is considered a multiple dwelling.
(ai)
Environment, individualized
				  service.
Within an approved home and community-based services waiver
					 district, a service delivery system in which the person's living arrangement
					 and service delivery reflect the person's personal goals, preferences and needs
					 are not linked, with services considered discretely rather than in a package.
					 That is, housing and services are mutually exclusive considerations, as is the
					 selection of specific services from the list of available approved services.
					 The individualized services environment is in distinct contrast to an overall
					 or comprehensive residential services model, in which housing and some services
					 are intrinsically linked (
i.e.,
where a person lives largely
					 determines the services received). In the individualized service environment,
					 where a person lives has no necessary connection to the services received, even
					 those which may be received at the housing site. The administrative separation
					 of housing from service, and the separation of services from categorical
					 groups, is the keystone of the individualized service environment structure. It
					 is this feature which makes it possible to achieve the goal of designing
					 completely individualized service plans.
(aj)
Equity, provider.
The amount the provider paid, excluding the amount paid
					 from borrowed funds, for the purchase, alteration, construction, rehabilitation
					 and/or renovation of real property, for costs attributable to the negotiation
					 or settlement of sale or purchase of such real property and for other
					 reasonable and necessary costs related to such purchase, alteration,
					 construction, rehabilitation and/or renovation, including, but not limited to,
					 design fees and short term interest.
(ak)
Exemption, work-related.
The first $65 of gross monthly wages plus half the balance.
					 The purpose of the exemption is to provide a person who is working with funds
					 to be used for work-related expenses, such as carfare to work.
(al)
Facility.
Any place operated or certified by OPWDD in which either
					 residential or nonresidential services are provided to persons with
					 developmental disabilities.
(am)
Facility, clinic treatment.
A site certified for the delivery of services in accordance
					 with Part 679 of this Title, Clinic Treatment Facilities.
(an)
Facility, day training.
A site certified for the delivery of services in accordance
					 with Part 85 of this Title, Operation of Outpatient Facilities for the Mentally
					 Disabled.
(ao)
Facility, day treatment.
A site certified for the delivery of services in accordance
					 with Part 690 of this Title, Day Treatment services.
(ap)
Facility, diagnostic and research
				  clinic.
A site certified for the delivery of services in accordance
					 with Part 676 of this Title, Diagnostic and Research Clinics.
(aq)
Facility, intermediate
				  care.
A site certified for the delivery of services in accordance
					 with Part 681 of this Title, Intermediate Care Facilities for Persons With
					 Intellectual and Developmental Disabilities and
					  42 CFR
					 483, Conditions of Participation for
					 ICF/IIDs.
(ar)
Facility, sheltered workshop.
A site certified for the delivery of services in accordance
					 with Part 85 of this Title, Operation of Outpatient Facilities for the Mentally
					 Disabled.
(as)
Fair
				  market rent.
The rent that the property would most probably command on
					 the open market as indicated by rents being paid and asked for comparable
					 properties in the same geographic area as of the date of the
					 appraisal.
(at)
Fair
				  market value.
(1) In the case of goods
				  and services, the price of comparable goods and services that could be obtained
				  elsewhere.
(2) In the case of real
				  property, the most probable price which a property should bring in a
				  competitive and open market under all conditions requisite to a fair sale, the
				  buyer and seller each acting prudently and knowledgeably, and assuming the
				  price is not affected by undue stimulus. Implicit in this definition is the
				  consummation of a sale as of a specified date and the passing of title from
				  seller to buyer under conditions whereby:
(i)
				  buyer and seller are typically motivated;
(ii) both parties are well-informed or
				  well-advised, and acting in what they consider their own best
				  interest;
(iii) a reasonable time
				  is allowed for exposure in the open market;
(iv) payment is made in terms of cash in U.S.
				  dollars or in terms of financial arrangements comparable thereto; and
(v) the price represents the normal
				  consideration for the property sold unaffected by special or creative financing
				  or sales concessions granted by anyone associated with the
				  sale.