New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 602 - Uniform Hearing Procedures › Section 602.99 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Commissioner
-the commissioner of the New York State Office for
				People With Developmental Disabilities, or authorized representative.
(b)
Community residence
-a
				program licensed under Part 686 of this Title, or applying for licensure
				pursuant to Part 620 of this Title.
(c)
CPLR
-the New York Civil
				Practice Law and Rules.
(d)
Day
-such number of calendar days exclusive of the calendar day
				from which the reckoning is made. If such period is a period of two days,
				Saturday, Sunday or a public holiday must be excluded from the reckoning if it
				is an intervening day between the day from which the reckoning is made and the
				last day of the period. In computing any specified period of time from a
				specified event, the day upon which the event happens is deemed the day from
				which the reckoning is made. The day from which any specified period of time is
				reckoned shall be excluded in making the reckoning.
(e)
Finding that a person's health or
				safety was in imminent danger
means that OPWDD has reason to believe
				that the physical or psychological well-being of a person(s) was in
				danger.
(f)
Hearing
				officer
-the commissioner or his or her authorized representative
				designated for the purpose of conducting or participating in an appeal
				proceeding pursuant to the Mental Hygiene Law and/or regulations promulgated
				pursuant thereto. Such a representative must be an attorney-at-law who is a
				member in good standing of the New York State Bar.
(g)
Individual/individuals
-for the purposes of this Part, a minor
				or adult with a diagnosis of developmental disability, who has been or is being
				served by a facility which is operated or certified by OPWDD. This shall
				include children or adults who have applied to or have been screened for
				services for whom a clinical record is maintained or possessed by such a
				facility.
(h)
ICF/DD
-an intermediate care facility for persons with
				developmental disabilities.
(i)
Office
-the Office for People With Developmental Disabilities
				or any division thereof.
(j)
OPWDD
-the Office for People With Developmental Disabilities or
				any division thereof.
(k) Operating
				certificate-an operating certificate as defined in subdivision 619.2(c)  of this
				Title."
(l)
Person/persons
-for purposes of this Part, a minor or adult
				with a diagnosis of developmental disability, who has been or is being served
				by a facility which is operated or certified by OPWDD. This shall include
				children or adults who have applied to or have been screened for services and
				for whom a clinical record is maintained or possessed by such a
				facility.
(m)
Provider
-a party, parties or organization applying for or
				licensed by the OPWDD to provide services to persons with developmental
				disabilities.
(n)
Report
-the hearing officer's summary of the hearing record,
				including his or her findings of fact, conclusions of law and
				recommendations.
(o)
Specialty hospital
-a facility including both program and site
				for which OPWDD has issued an operating certificate, pursuant to Mental Hygiene
				Law, article 16, to operate as a specialty hospital, and for which the New York
				State Department of Social Services has issued a Medicaid provider
				agreement.