reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Protection of People with Special Needs Act (the act), enacted as chapter 501
				of the Laws of 2012, seeks to prevent persons responsible for egregious or
				repeated acts of abuse or neglect of a vulnerable person from being engaged as
				employees, administrators, consultants, interns, volunteers or contractors, and
				from obtaining licenses, certificates or other approvals, for positions where
				they have the potential for regular and substantial contact with vulnerable
				persons or other individuals whom the act seeks to protect.
(b) To accomplish this goal, the act provides
				that all custodians who have been found by a preponderance of the evidence,
				after an opportunity for a fair hearing, to have engaged in an act of abuse or
				neglect of sufficient severity or with sufficient frequency, shall be placed on
				the register of substantiated category one cases of abuse or neglect, also
				known as the "staff exclusion list."
(c) This regulation outlines the procedures
				for obtaining and using social security numbers to assist in verifying the
				identity of subjects of reports in the vulnerable persons central register
				(VPCR); individuals placed on the staff exclusion list and those individuals
				who must be screened against the staff exclusion list.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation applies to all facilities and provider
				  agencies as defined in subdivision (4) of section 488  of the Social Services Law and to all
				  other entities that must screen individuals against the staff exclusion list
				  pursuant to subdivision (2) of section 495  of the Social Services
				  Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.3 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The act
				provides for the creation of a Justice Center for the Protection of Persons
				with Special Needs (Justice Center).
(b) Section 492  of the Social Services Law mandates that
				the Justice Center establish a VPCR in which findings of whether alleged acts
				of abuse or neglect are substantiated or unsubstantiated shall be
				entered.
(c) Section 492  of the Social Services Law mandates that
				upon accepting a report of a reportable incident, an investigation must be
				initiated that includes the determination of whether the subject of the report
				is currently the subject of an open or substantiated report in the
				VPCR.
(d) Sections 493, 494 and
				495  of the Social Services Law provide for
				the creation of a register of substantiated category one cases of abuse or
				neglect (the staff exclusion list), and describe the circumstances and due
				process requirements for placing a custodian on that register.
(e) Section 495  of the Social Services Law provides that
				a custodian placed on the staff exclusion list is subject to termination of
				employment from a facility or provider agency, provided that for State entities
				bound by collective bargaining, action established by collective bargaining
				shall govern.
(f) Subdivision (2)
				of section 495  of the Social Services Law requires a
				screening agency, as defined in this Part, to check the staff exclusion list
				before determining whether to hire or otherwise allow any person as an
				employee, administrator, consultant, intern, volunteer or contractor who will
				have the potential for regular and substantial contact with a service recipient
				or other applicable individual and before approving an applicant for a license,
				certificate, permit or other approval to provide care to a service recipient or
				other applicable individual.
(g)
				Paragraph (e) of subdivision (1) of section 96  of the Public Officers Law permits a State
				agency to disclose personal information incident to a routine use, which means
				any use of such record or personal information relevant to the purpose for
				which it was collected, and which use is necessary to the statutory duties of
				the agency that collected or obtained the record or personal information, or
				necessary for that agency to operate a program specifically authorized by
				law.
(h) Paragraph (c) of
				subdivision (1) one of section 94  of the Public Officers Law permits a State
				agency to obtain the social security number of an individual for purposes of a
				quasi-judicial determination.
(i)
				Paragraph (b) of subdivision (3) of section 399ddd of the General Business Law
				permits firms, partnerships, associations or corporations to require an
				individual to disclose or furnish his or her social security account number,
				when required by State or local law or regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.4 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) Custodian shall mean a director,
				operator, employee or volunteer of a facility or provider agency as defined in
				subdivision (4) of section 488  of the Social Services Law; or a
				consultant or an employee or volunteer of a corporation, partnership,
				organization or governmental entity which provides goods or services to a
				facility or provider agency pursuant to contract or other arrangement that
				permits such person to have regular and substantial contact with individuals
				who are cared for by such a facility or provider agency.
(b) Delegate investigatory entity shall have
				the same meaning as expressed in subdivision (7) of section 488  of the Social Services Law.
(c) Facility or provider agency shall have
				the same meaning as expressed in subdivision (4) of section 488  of the Social Services Law.
(d) Screening agency shall mean a facility or
				provider agency as defined in subdivision (4) of section 488  of the Social Services Law; any other
				provider of services to vulnerable persons in programs licensed, certified or
				funded by any State oversight agency; and any other provider agency or
				licensing agency as defined in subdivision (3) or (4) of section 424-a  of the Social Services
				Law.
(e) Service recipient shall
				mean an individual who resides or is an inpatient in a residential facility or
				who receives services from a facility or provider agency as defined in
				subdivision (4) of section 488  of the Social Services Law.
(f) Staff exclusion list shall mean the
				register of substantiated category one cases of abuse or neglect, pursuant to
				sections 493 and
				495  of the Social Services Law.
(g) State oversight agency shall mean the
				State agency that operates, licenses or certifies an applicable facility or
				provider agency; provided however that such term shall only include the
				following entities: the Office of Mental Health, the Office for People with
				Developmental Disabilities, the Office of Alcoholism and Substance Abuse
				Services, the Office of Children and Family Services, the Department of Health
				and the State Education Department.
(h) Vulnerable person shall have the same
				meaning as expressed in subdivision 15 of section 488  of the Social Services Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.5 - Verification of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Justice
				Center or a delegate investigatory entity responsible for investigating a
				reportable incident pursuant to paragraph (c) of subdivision (3) of section 492  of the Social Services Law shall be
				authorized to obtain the social security number of any custodian who is being
				investigated as a subject of a reportable incident, by consent from the
				custodian under investigation or from the applicable facility or provider
				agency, for purposes of verifying the custodian's identity as the subject of
				any open or substantiated report in the VPCR and, where applicable, as an
				individual included on the staff exclusion list.
(b) Any person applying for a position for
				which such person must be screened against the staff exclusion list pursuant to
				subdivision (2) of section 495  of the Social Services Law shall provide
				the applicable screening agency with his or her social security number for
				submission to the Justice Center for the purpose of verifying the person's
				identity to determine whether the individual is included on the staff exclusion
				list.
(c) An individual's failure
				to provide his or her social security number when requested pursuant to this
				section, after receiving notice of the reason for such request, may preclude
				the individual from being considered or approved for any such
				position.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.6 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
The Justice Center shall promulgate policies and procedures
				  regarding corrective actions or penalties for failure to comply with the use,
				  confidentiality and non-disclosure requirements of Sections 89, 94, 95, 96 and
				  96-a of the Public Officer's Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 702 - Use Of Social Security Numbers › Section 702.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part that can be given effect without
				  the invalid provision or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
The Protection of People with Special Needs Act (chapter 501
				  of the Laws of 2012) provides that access to records relating to the abuse or
				  neglect of vulnerable persons may be obtained from facilities or provider
				  agencies as defined in subdivision (4) of section 488  of the Social Services Law that are not
				  agencies of State government. Subdivision (6) of section 490  of the Social Services Law provides that
				  records in those providers' possession that relate to abuse or neglect shall be
				  made available to the same extent that they would be available under article 6
				  of the Public Officers Law from a State agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				governs the process for obtaining the disclosure of records of State certified
				or licensed facilities or provider agencies, as defined in subdivision (4) of
				section 488  of the Social Services Law, relating to
				the abuse or neglect of vulnerable persons, as mandated by subdivision 6 of
				section 490  of the Social Services Law.
(b) Individual requests for records under
				other statutory authority, including section 33.25  of the Mental Hygiene Law, section 422-A  of the Social Services Law and article 6 of the Public Officers Law as
				applied to the records of the Justice Center for the Protection of People with
				Special Needs as a State agency, are not covered by this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.3 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Protection of People with Special Needs Act creates the Justice Center for the
				Protection of People with Special Needs and authorizes the Justice Center to
				promulgate regulations to implement its mandate.
(b) Subdivision (6) of section 490  of the Social Services Law requires the
				Justice Center to respond to requests for disclosure of records of State
				certified or licensed facilities or provider agencies, as defined in
				subdivision (4) of section 488  of the Social Services Law, relating to
				the abuse or neglect of vulnerable persons.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) Justice Center means the New York State
				Justice Center for the Protection of People with Special Needs.
(b) Requester means the person submitting a
				request to the Justice Center for disclosure of facility or provider agency
				records under this Part.
(c) Record
				means any information kept, held, filed, produced or reproduced by, with or for
				a provider, in any physical form whatsoever, insofar as it is related to abuse
				and neglect as defined in subdivision (1) of section 488  of the Social Services Law. This
				definition includes, but is not limited to, reports, statements, examinations,
				memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers,
				designs, drawings, maps, photos, letters, microfilms, computer tapes or discs,
				rules, regulations or codes.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.5 - Record requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Justice
				Center shall receive, process and respond to requests for access to facility or
				provider agency records in accordance with this Part.
(b) All requests to inspect or copy records
				shall be made in writing and shall reasonably describe the records to which
				access is being sought. Such requests shall be directed to the Justice Center
				records access officer at the address indicated on the Justice Center
				website.
(c) All requests for
				facility or provider agency records shall include the following information:
(1) the name, mailing address, phone number
				and electronic mail address, if any, of the requester;
(2) the name and address or other identifying
				information of the facility or provider agency from which the records are
				sought; and
(3) a description of
				the nature and content of the record sought to be disclosed sufficient to
				enable the facility or provider agency and the Justice Center to identify
				responsive records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.6 - Record request processing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon
				as practicable after receipt of a request for facility or provider agency
				records, the Justice Center shall notify the applicable facility or provider
				agency of the request and shall request such facility or provider agency to
				begin a search for any responsive records.
(b) Within 10 calendar days from the first
				business day following the receipt of the request for facility or provider
				agency records, the Justice Center shall issue an acknowledgement of the
				request, which may include an approximate date upon which the request will be
				granted or denied, and/or a request for clarification or further
				particularization of the types of records the requestor is seeking.
(c) Within a reasonable time thereafter, as
				determined by the complexity of the request, the volume of records, the ease or
				difficulty for the facility or provider agencies to locate or retrieve records,
				the need to review records to determine the extent to which they must be
				disclosed or other circumstances, the Justice Center shall make the records
				available to the person requesting them or deny the request for the
				records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.7 - Provider duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Facility and provider agencies shall respond to Justice Center inquiries and
				requests for records in a timely manner and to the extent disclosure is
				authorized by Federal and State law, and shall keep the Justice Center informed
				of any difficulties or delays in retrieving potentially responsive
				records.
(b) In providing records
				to the Justice Center for purposes of this Part, a facility or provider agency
				may use any appropriate means of transmittal, including electronic mail and
				electronic document transfers, taking appropriate measures to ensure
				confidentiality of communications. However, the Justice Center shall have
				access to the original records in possession of the facility or provider agency
				whenever it deems it necessary, taking into account the need for the facility
				or provider agency to maintain such records for provision of services to
				individuals in its care.
(c) The
				facility or provider agency shall produce any potentially responsive records to
				the records access officer of the Justice Center.
(d) The Justice Center shall advise the
				applicable State oversight agency when a facility or provider agency does not
				comply with their duties and responsibilities under this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.8 - Record review and exemptions from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon as practicable after receipt of
				potentially responsive records, the Justice Center shall review the records
				provided to it and make its determination regarding redactions of information
				contained in such records and exemptions from disclosure of those records
				consistent with the exemptions to disclosure contained in article 6 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.9 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grants of
				requests for disclosure of records shall be in writing and shall indicate the
				manner of production.
(b) Denials
				of requests for records shall be in writing and shall state the basis of the
				decision. The denial shall also inform the requester of the opportunity to
				appeal the decision to the Executive Director of the Justice Center.
(c) Where no responsive records exist, or the
				facility or provider agency has been unable to locate responsive records, the
				decision shall so state.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fees for the
				production of records pursuant to this Part shall be charged as follows:
(1) The requester shall be charged no more
				than 25 cents per page per photocopy. At the Justice Center's discretion,
				photocopying fees may be waived in any case.
(2) Photocopying costs incurred by the
				facility or provider agency in making records available to the Justice Center
				for review shall be factored into the calculation of the cost of producing the
				record.
(3) There shall be a
				one-time charge for processing responses provided in electronic form in
				accordance with paragraph (c) of subdivision (1) of section 87  of the Public Officers Law.
(4) If the records copying process exceeds
				two hours of employee time, additional charges may be levied in accordance with
				paragraph (c) of subdivision (1) or section 87  of the Public Officers Law. Included in
				this calculation will be the time and cost to the facility or provider agency
				to reproduce records for Justice Center review.
(5) In any event the requester will be
				advised of the total amount of the fees due, prior to the provision of the
				records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.11 - Records access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records that
				the Justice Center determines are subject to disclosure shall be made available
				in the following manner, respecting the requester's preference as to the medium
				of reproduction if such copy can reasonably be made.
(1) To the extent practicable, records
				requested by electronic means shall be provided in like form to the requester
				upon payment of any fees for production, as required under this Part.
(2) Photocopied records shall be provided to
				the requester by mail at the physical or electronic address provided upon
				payment of the fees for production, as required under this Part.
(3) Records determined to be subject to
				disclosure by the Justice Center, may be inspected at the Justice Center's main
				offices by the requester, as indicated on the Justice Center website and during
				weekday business hours when the records access officer is present.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 703 - Justice Center Facility And Provider Disclosure › Section 703.12 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record under this Part may, within 30 days of such denial,
				appeal to the Executive Director of the Justice Center.
(b) The time for deciding an appeal shall
				commence upon receipt of a written request for appeal that identifies the
				record that is the subject of the appeal and the name and return address of the
				appellant. The written request may include reasons why such record should be
				disclosed.
(c) Within a reasonable
				time after receipt of the written request for appeal, the executive director
				shall:
(1) provide access to the record;
				or
(2) explain in writing the
				factual and statutory reasons for denial of access to the record; and
(3) inform the individual of the right to
				seek judicial review of such determination pursuant to article 78 of the Civil
				Practice Law and Rules.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services › Section 705.1 - Background and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Protection of People with Special Needs Act (the "Act ") established the
				Justice Center for the Protection of People with Special Needs (the "Justice
				Center"). The Act charges the Justice Center with establishing consistent
				safeguards for vulnerable persons to protect against abuse, neglect and other
				conduct that may jeopardize their health, safety and welfare.
(b) To accomplish this goal, the Act requires
				the Justice Center to establish procedures for the timely response to, and
				effective investigation of, allegations of reportable incidents against
				individuals who receive services. During the course of an investigation of
				abuse and neglect it is often necessary for individuals who receive services to
				be interviewed. This regulation outlines the procedures developed by the
				Justice Center to ensure that interviews of individuals who receive services
				during the course of an investigation of alleged abuse and neglect are
				conducted in a safe and appropriately sensitive manner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services › Section 705.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation applies to all investigations of alleged
				  abuse and neglect conducted by the Justice Center, as well as investigations
				  conducted by state agencies whose programs are under the jurisdiction of the
				  Justice Center and by the facilities and programs defined in section 488 (4)  of the Social
				  Services Law when acting as the delegate investigatory
				  entity.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services › Section 705.3 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivision 28 of section 553  of the Executive Law requires the
				  Justice Center to develop protocols to ensure the safety of individuals
				  receiving services who may have evidence relevant to an investigation of
				  alleged abuse or neglect and requires that the protocols be developed in
				  consultation with the Justice Center's statutorily created advisory council and
				  the relevant State oversight agencies. These agencies include: the Office of
				  Mental Health, the State Education Department, the Office of Alcoholism and
				  Substance Abuse Services, the Office for People With Developmental
				  Disabilities, the Office of Children and Family Services and the Department of
				  Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services › Section 705.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) "Delegate Investigatory Entity" shall
				mean a facility or provider agency, or any other entity authorized by the
				regulations of a state oversight agency or the Justice Center to conduct an
				investigation of a reportable incident.
(b) "Justice Center" means the Justice Center
				for the Protection of People with Special Needs.
(c) "Personal Representative" shall mean a
				person authorized under state, tribal, military or other applicable law to act
				on behalf of a vulnerable person in making health care decisions or, for
				programs that serve children under the jurisdiction of the State Education
				Department or the Office of Children and Family Services, the service
				recipient's parent, guardian or other person legally responsible for such
				person as defined in subdivision 10 of section 488  of the Social Services Law. For other
				programs that serve children, the personal representative of the child would be
				the parent, guardian or other person authorized under law to make health care
				decisions.
(d) "Potential Witness"
				shall mean any service recipient known to be physically present in the place
				and at the time of the alleged abuse or neglect. It can also include any
				service recipient who it is believed may have information that could be useful
				to an investigation.
(e) "Service
				Provider" shall mean a provider of services as defined in subdivision 4 of
				section 488  of the Social Services Law.
(f) "Service Recipient" shall mean an
				individual who resides or is an inpatient in a residential facility or who
				receives services from a facility or provider agency, as defined in subdivision
				9 of section 488  of the Social Services Law.
(g) "Confidential information" shall mean
				information that is protected from disclosure to a personal representative by
				any federal or state law or regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services › Section 705.5 - Notification Protocols

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Process
				for providing notification to alleged victims and/or their personal
				representatives.
(1) When a service provider
				is notified that a report of alleged abuse or neglect in their program has been
				accepted by the Justice Center, the service provider or state oversight agency,
				as appropriate, shall immediately attempt to notify any service recipients who
				are alleged victims of that alleged abuse or neglect, and/or their personal
				representatives, that the service recipient may be interviewed as part of the
				investigation. This notification may be completed through oral communication or
				in writing.
(2) The service
				provider or state oversight agency shall not make such notification to a
				personal representative if the alleged victim objects to such notification or
				if it would violate relevant confidentially laws, be contrary to court order,
				or is otherwise contrary to the best interests of the alleged victim or if the
				investigator has notified the service provider or state oversight agency that
				such notification would compromise the investigation. Objections by a service
				recipient to a personal representative being notified should be reviewed on an
				individual basis consistent with the existing standards that the relevant state
				oversight agency requires to be used to determine the ability of a service
				recipient to consent to services, programs and treatment. Service providers who
				are required to provide notifications pursuant to section 33.23  of the Mental Hygiene Law shall do
				so regardless of the exemptions outlined here.
(3) The service provider or state oversight
				agency shall document in writing that such notification was made or that there
				was a diligent effort to make such notification. If an alleged victim's
				personal representative is not notified for the reasons outlined in Part
				705.5(a)(2), the service provider or state oversight agency shall document the
				reason. All such documentation shall be maintained in a consistent manner and
				be readily available for inspection upon request of the Justice Center or a
				state oversight agency. Service providers and state oversight agencies shall
				make this information available immediately upon request of the
				investigator.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 705 - The Justice Center Protocols for Interviewing People Who Receive Services › Section 705.6 - Interview Protocols

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Determinations regarding appropriateness of conducting an interview.
(1) Prior to commencing an interview, an
				investigator must determine if the interview can be conducted in a safe,
				sensitive and timely manner. To make this determination, an investigator may
				consider any relevant facts or circumstances, including: the setting where and
				circumstances under which the interview is to be conducted; the opinion of a
				service recipient's personal representative; the service recipient's diagnosis;
				any information received after consulting with the service recipient's licensed
				health professionals; information in the service recipient's files;
				observations of the service recipient's behavior; information obtained from
				service provider employees; the service recipient's capability to provide
				information to assist the investigation; and information obtained from engaging
				in preliminary inquiries with service recipients to establish that proceeding
				with an interview would be appropriate.
(2) A formal clinical assessment is not
				required prior to interviewing a service recipient.
(3) If conducting an interview of the service
				recipient would be clinically contraindicated, despite the provision of
				appropriate accommodations, the interview shall not take place, except where
				circumstances exist which support a determination that there exists an
				overriding health and safety need to proceed with the interview. Such
				circumstances may include but not be limited to: an investigator reasonably
				believes that a service recipient has information relevant to maintaining or
				securing the safety of service recipients and is capable of reliably
				communicating that information; an investigator reasonably believes that
				failure to interview a service recipient may allow for the destruction of
				evidence or for a subject to evade law enforcement; or a delay in interviewing
				a service recipient may allow a subject to evade law enforcement. Prior to
				proceeding with the interview, the investigator shall consult with and obtain
				approval of his or her supervisor. Further, such investigator shall document in
				the investigative record the reason why it was appropriate to proceed with the
				interview and include the steps taken to protect the service recipient's
				health, safety, and wellbeing during the interview.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Protection of People with Special Needs Act (the Act), enacted as chapter 501
				of the Laws of 2012, seeks to create durable, consistent safeguards for
				vulnerable persons to protect against abuse, neglect and other conduct that may
				jeopardize their health, safety and welfare.
(b) To accomplish this goal, the Act provides
				that each state oversight agency as defined in the Act establish procedures and
				requirements relating to incident management programs, including establishment
				of incident review committees, and authorizes the State oversight agency to
				grant an exemption from this requirement when appropriate, based on the size of
				the facility or provider agency or other relevant factors.
(c) This regulation identifies appropriate
				methods that may be used to attain compliance with the incident review
				committee requirement and further defines relevant factors to consider in
				determining whether it is appropriate to grant an exemption from the incident
				review committee requirement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation applies to State oversight agencies as
				  defined in subdivision (4-a) of section 488  of the Social Services Law, and
				  facilities and provider agencies, as defined in subdivision (4) of section 488  of the Social Services
				  Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.3 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 490  of the Social Services Law mandates that
				each State oversight agency as defined in the Act promulgate regulations that
				contain procedures and requirements consistent with guidelines and standards
				developed by the Justice Center, relating to incident management programs,
				including establishment of an incident review committee, and permits
				authorization of an exemption from the incident review committee requirement
				when appropriate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) State oversight agency shall have the
				same meaning as expressed in subdivision (4-a) of section 488  of the Social Services Law.
(b) Facility or provider agency shall have
				the same meaning as expressed in subdivision (4) of section 488  of the Social Services Law.
(c) Vulnerable person shall have the same
				meaning as expressed in subdivision (15) of section 488  of the Social Services Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.5 - Appropriate methods to attain compliance with incident review committee requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A State
				oversight agency may allow a facility or provider agency's incident review
				committee to be shared with another facility or provider agency or performed by
				another facility or provider agency on its behalf if a facility or provider
				agency is co-located within another organization or agency, or is part of a
				larger organization or agency, or has a larger parent or umbrella organization
				or agency. A State oversight agency may also allow compliance with the incident
				review committee requirement in circumstances where a facility or provider
				agency is able to combine with one of more others to form a shared committee,
				or where an appropriate sponsor is able to form an incident review committee
				for the facility or provider agency.
(b) A State oversight agency may allow
				additional time for a facility or provider agency to comply with the incident
				review committee requirement, if the facility or provider agency shows that
				good faith efforts have been made to fulfill the incident review committee
				membership requirement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.6 - Authorization to establish exemption from incident review committee requirement and relevant factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each State
				oversight agency is authorized to establish in its discretion an exemption from
				the incident review committee requirement and grant an exemption from the
				requirement pursuant to paragraph (f) of subdivision (1) of section 490  of the Social Services Law when
				appropriate.
(b) State oversight
				agencies that authorize an exemption to the incident review committee
				requirement may consider the following in determining whether to grant a
				facility or provider agency an exemption including, but not limited to:
(1) size of the facility or provider agency,
				nature of the program, size of the program, and whether the program is a
				seasonal program or is operational year round; and, if the program is a
				seasonal program, the length of the season;
(2) existence of a larger parent facility or
				agency, or a parent facility or agency with a year round presence that can form
				an incident review committee.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.7 - Procedure for authorizing exemption from incident review committee requirement and renewal of request

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each State
				oversight agency shall be authorized to establish an application procedure for
				a facility or provider agency to follow when seeking an exemption from the
				incident review committee requirement and if such procedure is established, the
				facility or provider agency shall be required to provide sufficient
				documentation and information to demonstrate that the exemption should be
				granted.
(b) Each State oversight
				agency shall be authorized to establish an internal procedure for granting an
				exemption to the incident review committee requirement without requiring an
				application, where the exemption is based upon a particular classification or
				type of facility or provider and the state oversight agency determines upon its
				own review that such an exemption is appropriate.
(c) If an exemption to the incident review
				committee requirement is established, the State oversight agency shall
				determine the length of time that an approved exemption shall remain in effect,
				the circumstances for revocation of approval, and the procedure for renewal, if
				required.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 704 - Incident Review Committee Requirement › Section 704.8 - Alternative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A State
				oversight agency authorizing an exemption from the incident review committee
				requirement shall establish a process to ensure appropriate review and
				evaluation of any reportable incidents that occur in the exempt facility or
				provider agency and responses to such incidents.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of this Part is to set forth uniform procedures for the surrogate
				decision-making committee established by article 80 of the Mental Hygiene Law
				(MHL).
(b) Article 80 of the MHL
				requires the Justice Center to administer a statewide quasi-judicial process
				for patients in need of surrogate decision-making as defined in section
				80.03(b) of the MHL to assess:
(1) a patient's
				capacity to consent to or refuse major medical treatment, and
(2) whether there is an available and willing
				surrogate to make the decisions, and
(3) whether the proposed treatment promotes
				the patient's best interests.
Article 80 of the MHL authorizes panels organized by the
				  surrogate decision-making committee to consider proposed major medical
				  treatments on behalf of qualifying patients.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.2 - Legal Authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Article
				80 of the MHL requires the Justice Center to administer a statewide
				quasi-judicial process with panels organized by the surrogate decision-making
				committee to consider proposed major medical treatments on behalf of qualifying
				patients.
(b) Article 17-A of the
				Surrogate's Court Procedures Act (SCPA) authorizes panels organized by the
				surrogate decision-making committee to consider proposed end-of-life decisions
				on behalf of qualifying patients as defined in article 17-A of the
				SCPA.
(c) Section 1750-b of the
				SCPA requires the Justice Center to establish committee procedures to assess a
				patient's capacity to consent to or refuse the withholding or withdrawing of
				life-sustaining treatment, and to assess whether the proposed decision promotes
				the patient's best interests.
(d)
				Subdivision (15) of section 553  of the
				Executive Law authorizes the Justice Center to administer the surrogate
				decision-making committee program, as authorized pursuant to article 80 of the
				MHL.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs › Section 710.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Attending physician
means the physician, selected by or
				assigned to a patient, who has primary responsibility for the treatment and
				care of the patient. Where more than one physician shares such responsibility,
				or where a physician is acting on the attending physician's behalf, any such
				physician may act as the attending physician.
(b)
Best interest
means
				promoting the patient's well-being by considering the risks, benefits and
				alternatives to the patient of a proposed medical decision.
(1) For the purposes of making a major
				medical treatment decision pursuant to article 80 of the MHL, such a
				determination takes into account the following: the relief of suffering; the
				preservation or restoration of functioning; the improvement in the quality of
				the patient's life with and without the proposed major medical treatment; and
				consistency with the personal beliefs and values known to be held by the
				patient.
(2) For the purposes of
				making a decision to withhold or withdraw life-sustaining treatment pursuant to
				article 17-A of the SCPA, such a determination takes into account the
				following: the dignity and uniqueness of every person; relief of suffering by
				means of palliative care and management; the unique nature of artificially
				provided nutrition or hydration, and the effect it may have on the patient; and
				the entire medical condition of the patient.