reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under his/her
				jurisdiction.
(b) Section 41.49  of the Mental Hygiene Law authorizes
				the Commissioner of Mental Health to promulgate rules and regulations for the
				operation and funding of programs that expand the existing community based
				system of mental health services or create new services for children with
				serious emotional disturbance.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations apply to a local governmental unit which elects to participate in
				the community based service system for children with serious emotional
				disturbance.
(b) These regulations
				apply to a provider of services which has contracted with a local governmental
				unit to provide community based services to children with serious emotional
				disturbance.
(c) These regulations
				apply to the establishment and operation of a local interagency group. Such
				interagency group is to be responsible for monitoring the community based
				system of services, identifying gaps in the service system, recommending the
				development of services where appropriate and providing technical assistance to
				the member agencies. An existing interagency group which is able to perform
				these functions may be appropriate. This group shall be advisory to the local
				governmental unit with responsibility for the provision of mental health
				services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.4 - Definitions pertaining to this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Expanded children's services is a program
				established to provide new and expanded community based services to children
				and adolescents with serious emotional disturbance and to provide grants for
				100 percent net deficit costs for those services.
(b) Serious emotional disturbance means a
				child or adolescent has a designated mental illness diagnosis according to the
				most current Diagnostic and Statistical Manual of Mental Disorders (DSM) and
				has experienced functional limitations due to emotional disturbance over the
				past 12 months on a continuous or intermittent basis. The functional
				limitations must be moderate in at least two of the following areas or severe
				in at least one of the following areas:
(1)
				ability to care for self (e.g., personal hygiene; obtaining and eating food;
				dressing; avoiding injuries); or
(2) family life (e.g., capacity to live in a
				family or family like environment; relationships with parents or substitute
				parents, siblings and other relatives; behavior in family setting);
				or
(3) social relationships (e.g.,
				establishing and maintaining friendships; interpersonal interactions with
				peers, neighbors and other adults; social skills; compliance with social norms;
				play and appropriate use of leisure time); or
(4) self-direction/self-control (e.g.,
				ability to sustain focused attention for a long enough period of time to permit
				completion of age-appropriate tasks; behavioral self-control; appropriate
				judgment and value systems; decision-making ability); or
(5) ability to learn (e.g., school
				achievement and attendance; receptive and expressive language; relationships
				with teachers; behavior in school).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.5 - Standards pertaining to eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All local governmental units are eligible
				to participate in the community based service system for children with serious
				emotional disturbance.
(b) All
				providers of service who enter into contract with the local governmental unit
				for such purposes are eligible to participate in the community based service
				system for children with serious emotional disturbance.
(c) The recipients of services provided by
				the community based service system shall be children and adolescents with
				serious emotional disturbance as defined in section
				507.4 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.6 - Standards pertaining to funding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Funding for this expansion of the
				community based service system is limited to the amount appropriated on an
				annual basis to the Office of Mental Health for such purposes and to the amount
				awarded to the locality. Such funding may continue on an annual basis with the
				approval of the Office of Mental Health.
(b) Funding shall be a grant for 100 percent
				of the net deficit cost of a program or part of a program that has been
				approved by the Office of Mental Health to serve children with serious
				emotional disturbance in the community based service system. Each locality
				receiving a grant will be responsible for assuring that revenue available from
				other sources has been claimed and used to reduce the net deficit
				amount.
(c) Funding shall be solely
				awarded to the local governmental unit. Such funding may be contracted to other
				service providers or individuals by the local governmental unit with approval
				from the Office of Mental Health. The local governmental unit must demonstrate
				to OMH that the contractor has the capacity to provide effective services to
				children.
(d) Funding shall be for
				new and expanded services. Each local governmental unit receiving grant funds
				must submit a statement that the ECS funding will not be used to supplant
				existing local funding. The local contributions for expenditures in any local
				fiscal year for local or unified services provided to children with serious
				emotional disturbance in accordance with this Part, as applicable, must remain
				equal to or greater than the amount expended by such local governmental unit in
				the last complete fiscal year preceding the effective date of this
				Part.
(e) Calculation of such
				expenditures shall be based upon maintenance of the following:
(1) levels of staffing; or
(2) number of children receiving services;
				or
(3) number of service visits;
				or
(4) amount allocated for
				specific children's services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.7 - Standards pertaining to participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Participation in the community based
				service system by a local governmental unit shall be contingent upon an
				affirmative election by the local governmental unit, the approval of the Office
				of Mental Health and the availability of funds.
(b) A local governmental unit may elect to
				participate in the expanded children's services program in conjunction with one
				or more other local governmental units.
(c) A local governmental unit which elects to
				participate in the expanded children's services program for children with
				serious emotional disturbance shall be responsible for the coordination of all
				such community based services within its defined geographical area. Such
				responsibilities shall include but not be limited to the following:
(1) Identification of essential services in
				the community based service system which shall include but not be limited to
				the following:
(i) the capacity to perform
				comprehensive assessments and ongoing treatment of children with serious
				emotional disturbances and their families;
(ii) determination of access points to
				community based services within the local governmental unit's defined
				geographical location;
(iii) the
				ability to provide emergency services that assure the safety of children and
				are capable of beginning treatment when appropriate; and
(iv) case management for children and
				families.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 507 - Community Based Service System For Children › Section 507.8 - Standards pertaining to recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local governmental unit shall
				maintain records of all service providers participating in the community based
				service system for children with serious emotional disturbance.
(b) The local governmental unit shall
				maintain a record of referrals for service received by the community based
				service system for children with serious emotional disturbance. Such record
				shall include information on the disposition of all referrals.
(c) The local governmental unit shall
				maintain minutes of all meetings of the interagency group.
(d) Such statistical information shall be
				prepared and maintained as may be necessary for the effective operation of the
				community based service system for children with serious emotional disturbance
				and as may be required by the Office of Mental Health.
(e) Statistical information shall be reported
				to the Office of Mental Health in a manner and within time limits specified by
				the Office of Mental Health and shall be the responsibility of an individual
				whose name and title shall be known to the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				establishes standards and methods for determining rates of payment made
				pursuant to title 11 of article 5 of the Social Services Law for assertive
				community treatment (ACT) services provided to active clients by ACT
				programs.
(b) To receive payments
				pursuant to title 11 of article 5 of the Social Services Law, an ACT program
				must be approved or certified by the Office of Mental Health, and meet the
				requirements of XIX of the Social Security Act.
(c) Rates of payment established according to
				these regulations are intended to be adequate to meet the costs of an
				efficiently and economically operated program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 and
				31.04  of the Mental Hygiene Law give the
				Commissioner of Mental Health the power and responsibility to plan, establish
				and evaluate programs and services for the benefit of individuals with mental
				illness, and to adopt regulations that are necessary and proper to implement
				matters under his or her jurisdiction.
(b) 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.
(c) Subdivision (a) of
				section 43.02  of the Mental Hygiene Law provides
				that payments under the medical assistance program for services approved by the
				Office of Mental Health shall be at rates certified by the commissioner and
				approved by the Director of the Budget.
(d) Subdivision (b) of section 43.02  of the Mental Hygiene Law gives the
				commissioner authority to request from operators of facilities licensed by the
				Office of Mental Health such financial, statistical and program information as
				the commissioner may determine to be necessary.
(e) Subdivision (c) of section 43.02  of the Mental Hygiene Law gives the
				commissioner authority to adopt rules and regulations relating to methodologies
				used in establishing schedules of rates of payment for services.
(f) Section 365-m  of the Social Services Law
				authorizes the Commissioner of the Office of Mental Health and the Commissioner
				of the Office of Addiction Services and Supports, in consultation with the
				Department of Health, to contract with regional behavioral health organizations
				to provide administrative and management services for the provision of
				behavioral health services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any provider of services which has been approved or certified
				pursuant to Part 551 of this Title to operate an assertive community treatment
				(ACT) program.
(b) This Part
				applies to the operation of an ACT program by:
(1) a local governmental unit, general
				hospital or voluntary agency;
(2) a
				provider of services licensed pursuant to article 31 of the Mental Hygiene
				Law;
(3) any part of a general
				hospital as defined in article 28 of the Public Health Law which is licensed by
				the office to provide mental health services; or
(4) a State-operated psychiatric
				center.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Active client
				in assertive community treatment means an individual who:
(1) is admitted to an assertive community
				treatment program;
(2) has an
				individual treatment plan; and
(3)
				may or may not be currently receiving services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.5 - Standards pertaining to reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General requirements.
(1) ACT programs are required to be approved
				or certified by the office to provide ACT treatment services.
(2) ACT staff shall have responsibility for
				treatment, rehabilitation, case management, and support services for ACT
				clients.
(3) There shall be at least
				one direct care staff person for every 10 clients. Exceptions to the case ratio
				requirement may be allowed by the office.
(4) In no instance shall an individual be
				admitted to an ACT program while concurrently enrolled in an Health Home Care
				Management, licensed day treatment program for children, or licensed continuing
				day treatment program as defined in Parts 506, 587 and 599 of this
				Title.
(5) An individual may be
				both an active ACT client and enrolled in a personalized recovery-oriented
				services (PROS) program, operating pursuant to Part 512 of this Title, for no
				more than three months within any 12-month period.
(6) Providers of ACT services shall furnish
				any and all information and records requested by the office, including, but not
				limited to, clientspecific, statistical, administrative, and fiscal
				information.
(7) A child may be both
				an active Youth ACT client and enrolled in CFTSS and/or HCBS 30 days prior to
				discharge from Youth ACT only as a transition from Youth ACT to an alternate or
				lower level of care.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.6 - Audits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ACT providers
				shall maintain the records which formed the basis of all statistical and
				financial reports requested by and submitted to the office for six years from
				the date on which the reports were submitted to the office, or longer if
				required by Federal law.
(b) All
				such records shall be subject to audit for six years from the date on which the
				reports were filed with the office or due, whichever is later.
(c) On-site audits or desk audits shall be
				conducted by the office at a time, place and in a manner determined by the
				office.
(d) The office may enter
				into agreements with other organizations or agencies having audit
				responsibilities to audit the financial and statistical records of any ACT
				provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.7 - Inpatient settings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order
				for an individual to be considered an active client of an ACT program in an
				inpatient setting, he or she must be:
(1)
				admitted to a psychiatric unit of a hospital licensed under article 28 of the
				Public Health Law, or admitted to a residential treatment facility for children
				and youth;
(2) 21 years of age or
				less, or 65 years of age or older, who is receiving services at a
				State-operated psychiatric hospital or freestanding psychiatric hospital
				licensed solely pursuant to article 31 of the Mental Hygiene Law; or
(3) admitted to a hospital or other
				residential medical facility licensed pursuant to article 28 of the Public
				Health Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.8 - Assisted outpatient treatment (aot)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ACT providers shall establish mechanisms
				to ensure priority access by individuals who are subject to an AOT order
				pursuant to section 9.60  of the Mental Hygiene Law.
(b) ACT providers shall cooperate with the
				office and the local governmental unit or their representatives to ensure
				priority access by individuals who are subject to an AOT order and assist in
				the development, review, and implementation of treatment plans.
(c) Prior to any such individual's discharge
				from an ACT program, the provider shall notify the director of the AOT program
				and assist in the determination of whether such individual is appropriate for
				case management services. If the individual is determined to be appropriate for
				such case management services, then the provider shall assist the director of
				the AOT program in arranging for such services.
(d) Any and all related information, reports,
				and data which may be requested by the office or the local governmental unit in
				connection with an individual who is also enrolled in an AOT program shall be
				furnished by the provider of services in accordance with applicable
				law.
(e) Any requests from persons
				or entities authorized pursuant to section 33.13 or 33.16, for clinical records
				regarding persons who are the subject of, or who are under consideration for, a
				petition for an order authorizing AOT, shall be given priority attention and
				prompt response in accordance with applicable law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 508 - Medical Assistance Rates Of Payment For Assertive Community Treatment Services › Section 508.9 - Behavioral health organizations

Current through Register Vol. 46, No. 28, July 10, 2024
Providers shall cooperate with the designated regional
				  behavioral health organizations and shall be authorized pursuant to Section 33.13 (d)  of the Mental
				  Hygiene Law to exchange clinical information concerning clients with such
				  organizations. Information so exchanged shall be limited to the minimum
				  necessary in light of the reason for the disclosure. Such information shall be
				  kept confidential and any limitations on the release of such information
				  imposed on the party giving such information shall apply to the party receiving
				  such information.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 509 - PREVENTION OF INFLUENZA TRANSMISSION › Section 509.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Influenza is an unpredictable disease that can cause serious illnesses, death,
				and healthcare disruption during any given year. Recent influenza seasons in
				New York State have been worse than those experienced a decade ago.
(b) In response to this increased public
				health threat, New York must take active steps to prevent and control
				transmission of seasonal influenza. The seriousness of the continuing influenza
				threat and the failure of the health care system to achieve acceptable
				vaccination rates through voluntary programs necessitate further
				action.
(c) Although masks are not
				as effective as vaccination, evidence indicates that wearing a surgical or
				procedure mask will lessen transmission of influenza from patients experiencing
				respiratory symptoms. It is also known that persons incubating influenza may
				shed the influenza virus before they have noticeable symptoms of influenza. The
				Centers for Disease Control and Prevention (CDC) recommends that patients who
				may have an infectious respiratory illness wear a mask when not in isolation
				and that healthcare personnel wear a mask when in close contact with
				symptomatic patients. Further, the Infectious Disease Society of America
				recommends that healthcare personnel who are not vaccinated for influenza wear
				masks.
(d) Recently, the New York
				State Department of Health (DOH) adopted regulations at 10 NYCRR section 2.59
				to require all unvaccinated personnel in certain health settings to wear
				surgical or procedure masks during the time when the Commissioner of Health
				determines that influenza is prevalent. Specifically, the DOH regulations apply
				to general hospitals, nursing homes, diagnostic and treatment centers,
				certified home health agencies, long term home health care programs, acquired
				immune deficiency syndrome (AIDS) home care programs, licensed home care
				service agencies, limited licensed home care service agencies and hospices
				(licensed by DOH under Public Health Law, articles 28, 36 and 40).
(e) It is critical for the Office of Mental
				Health to join in a statewide effort to reduce the morbidity and mortality of
				influenza, by combining efforts and pursuing a common path of prevention and
				intervention.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 509 - PREVENTION OF INFLUENZA TRANSMISSION › Section 509.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.07  of the Mental Hygiene Law charges the
				Office of Mental Health with the responsibility for seeing that persons with
				mental illness are provided with care and treatment, and that such care,
				treatment and rehabilitation is of high quality and effectiveness.
(b) Section 7.09  of the Mental Hygiene Law gives the
				Commissioner of the Office of Mental Health the power and responsibility to
				adopt regulations that are necessary and proper to implement matters under his
				or her jurisdiction.
(c) Section 31.04  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				to effectuate the provisions and purposes of article 31 of such law, including
				procedures for the issuance and amendment of operating certificates, and for
				setting standards of quality and adequacy of facilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 509 - PREVENTION OF INFLUENZA TRANSMISSION › Section 509.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a)
Facility
shall mean:
(1) a psychiatric center established pursuant
				to section 7.17  of the Mental Hygiene Law; including
				all programs or services operated by, or under the auspices of, such
				psychiatric center;
(2) a hospital
				operated pursuant to Part 582 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 509 - PREVENTION OF INFLUENZA TRANSMISSION › Section 509.4 - Documentation Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All facilities
				shall determine and document which persons qualify as ''personnel'' under this
				Part.
(b) All facilities shall
				document the influenza vaccination status of all personnel for the current
				influenza season in a secure file separate from their personnel history folder.
				Documentation of vaccination must include:
(1) a document prepared by the licensed
				healthcare practitioner who administered the vaccine, indicating that one dose
				of influenza vaccine was administered, and specifying the vaccine formulation
				and the date of administration; or
(2) for personnel employed by a healthcare
				employer other than the facility in which he or she is providing services, an
				attestation by the employer that the employee(s) named in the attestation has
				been vaccinated against influenza for the current influenza season, and that
				the health care employer maintains documentation of vaccination of the
				employee(s), as described in paragraph (1) of this subdivision; or
(3) for student personnel, an attestation by
				the professional school that the student(s) named in the attestation has been
				vaccinated against influenza for the current influenza season, and that the
				school maintains documentation of the vaccination of the student(s) as
				described in paragraph (1) of this subdivision.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The public's
				right to know the process of government decision making and access to documents
				and statistics leading to determinations is basic to our society. Therefore, it
				is the policy of the Office of Mental Health (OMH) to grant ready access to its
				records to the public, consistent with the Freedom of Information
				Law.
(b) This regulation sets forth
				criteria regarding the designation and duties of records access officers and
				procedures regarding requesting, granting, denying and appealing access to
				records.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under his/her
				jurisdiction.
(b) Article 6 of the
				Public Officers Law (Freedom of Information Law) establishes the criteria under
				which the public may access the records related to the process of governmental
				decision making.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to the process for accessing records from all facilities and
				administrative offices operated by the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Committee on
				Open Government means the entity created by the Freedom of Information Law to
				furnish guidelines and opinions regarding such law and to monitor its
				application.
(b) Record means any
				information kept, held, filed, produced or reproduced by, with or for any
				agency in any physical form whatsoever including, but 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.
(c) Trade secret means any material that may
				consist of, but shall not necessarily be limited to, any formula, pattern,
				process, procedure, plan, compound, devise, customer list, cost records or
				compilation of information which is used in one's business that is not
				published or divulged and which gives an advantage to competitors who do not
				know, use or have access to such data or information.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.5 - Designation and responsibilities of records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer of the Office of Mental Health's (OMH) central office shall be a
				lawyer in the office of counsel, designated by the Commissioner. The address
				for the records access officer is 44 Holland Avenue, Albany, New York 12229.
				The records access officer of each OMH operated psychiatric center is the
				facility director or his or her designee, who may be contacted at the business
				address of the applicable psychiatric center.
(b) The records access officer is responsible
				for:
(1) maintaining a reasonably detailed
				current list, by subject matter, of records maintained by the
				organization;
(2) assisting the
				requester in identifying requested records, if necessary;
(3) determining the appropriateness of public
				access to requested records;
(4)
				providing documents to persons who have been granted access; and
(5) documenting denials of requests for
				access and maintaining a file of such denials.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.6 - Request for access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All requests to inspect or copy records which are subject to disclosure shall
				be made in writing and shall reasonably describe the records to which access is
				being sought. Such requests shall be directed to the appropriate records access
				officer.
(b) Persons requesting
				records which originated in any other State or Federal agency, but are
				currently in the possession of the office, shall be referred to the originating
				agency when there is a question concerning confidentiality
				requirements.
(c) Within five
				business days of receipt of a request for a record, the records access officer
				shall:
(1) make such record available to the
				person requesting access to the record pursuant to section
				510.8 
				of this Part;
(2) deny the request,
				pursuant to section
				510.9 
				of this Part; or
(3) provide a
				written acknowledgment of the receipt of the request and a statement of the
				approximate date, which shall be reasonable under the circumstances of the
				request, when the request will be granted or denied. If the records access
				officer determines to grant a request in whole or in part, and if circumstances
				prevent disclosure to the person requesting the record or records within 20
				business days from the date of the acknowledgment of the receipt of the
				request, the records access officer shall state, in writing, both the reason
				for the inability to grant the request within 20 business days and a date
				certain within a reasonable period, depending on the circumstances, when the
				request will be granted in whole or in part. Failure by the records access
				officer to conform to the provisions of this paragraph shall constitute a
				denial.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.7 - Records containing trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Submission of records containing secrets.
(1) A person acting pursuant to law or
				regulation who submits any information to the Office of Mental Health may, at
				the time of submission, request that the office except such information from
				disclosure under section 87 (2)(d)  of the Public
				Officers Law. This section provides that an agency may deny access of records
				or portions thereof that are trade secrets or are submitted to an agency by a
				commercial enterprise or derived from information obtained from a commercial
				enterprise and which, if disclosed, would cause substantial injury to the
				competitive position of the subject enterprise. Where the request itself
				contains information which if disclosed would defeat the purpose for which the
				exception is sought, such information shall be excepted from
				disclosure.
(2) The request for an
				exception shall be in writing and state the reasons why the information should
				be excepted from disclosure.
(3)
				The person submitting the information shall clearly identify those records or
				portions of records for which the exception is requested. This may be
				accomplished by separating and attaching to such records a cover sheet or other
				suitable form of notice, using such language as "trade secret" or "proprietary
				information."
(4) The person
				submitting the information may request an exception from disclosure for a
				limited period of time. If so, the person shall indicate that period of time
				when submitting the information.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.8 - Granting of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				If access to a record is approved, the records access officer shall so notify
				the requestor and initiate a search for the record. If the record cannot be
				located after a diligent search, the records access officer shall so notify the
				requestor.
(b) The records access
				officer may delete identifying details, which if not expunged would cause an
				unwarranted invasion of personal privacy, from the record before inspection or
				copying.
(c) Records shall be
				available for inspection and copying by the public at the location(s)
				designated by the records access officer on every day that his or her office is
				open for the transaction of administrative business, between the hours of 9
				a.m. and 4 p.m.
(d) Persons granted
				access to records may inspect the original records, without charge, at a time
				when his or her use of the record does not interfere with the normal
				functioning of the office. The requestor shall not remove original records from
				the office in which they are kept without permission. If photocopies of the
				records are requested, fees may be charged, not to exceed 25 cents per
				single-sided page not in excess of nine by fourteen inches, or the actual cost
				of reproducing any other record, except when a different fee is prescribed by
				statute. At the discretion of the records access officer, a fee may be waived
				or reduced. Upon request, the records access officer shall certify in writing
				that photocopies provided are true copies of the original record.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.10 - Appeal of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person denied access to a record
				pursuant to section
				510.9 
				of this Part has the right to appeal such decision. Such appeal shall be
				submitted in writing, within 30 days of receipt of the denial, to the
				commissioner or his or her designee. The written appeal shall identify:
(1) the date of the request for access to the
				record;
(2) the name and business
				address of the records access officer;
(3) the record to which the appellant was
				denied access; and
(4) the name and
				return address of the appellant.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-1 › Section 511-1.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.07 (a)  of the Mental
				  Hygiene Law charges the Commissioner of Mental Health with the responsibility
				  for assuring the development of comprehensive plans, programs, and services in
				  areas of research, prevention, care, treatment, rehabilitation, education, and
				  training of persons with mental illness.
(b) Section 7.07 (c)  of the Mental
				  Hygiene Law gives the Commissioner of Mental Health the responsibility for
				  seeing that persons with mental illness are provided with care and treatment,
				  and that such care, treatment, and rehabilitation is of high quality and
				  effectiveness.
(c) Section 7.09  of the Mental Hygiene Law 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.
(d)
										42
				  U.S.C. §
											1396d(r)(5)
				  requires States to provide all medically necessary services that could be
				  available under Medicaid to correct or ameliorate physical and mental illnesses
				  and conditions that are detected in Medicaid-eligible children.
(e) 18 NYCRR § 505.38 establishes
				  standards for the designation of qualified providers by the Department of
				  Health to deliver EPSDT services under the New York State Medicaid
				  program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-1 › Section 511-1.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part are applicable to all providers of mental health services licensed
				  or operated by the Office of Mental Health that are seeking or have obtained
				  designation from the Office to offer EPSDT, Other Licensed Practitioner, and
				  Community Psychiatric Supports & Treatment Services.
(b) This Part applies to non-licensed
				  providers of mental health services that received funding or have a contract
				  from the Office that are seeking or have obtained designation from the Office
				  to offer EPSDT Crisis Intervention Services, Family Peer Support Services,
				  Youth Peer Support and Training, and Psychosocial Rehabilitation
				  Services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-1 › Section 511-1.5 - Designation Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Providers of
				  mental health services must receive prior approval by written designation of
				  the Office to provide any or all of the following EPSDT services:
(1) Crisis Intervention services are
				  available to a child or a member of his/her family who is experiencing a
				  behavioral health crisis event, and are designed to:
(i) interrupt and/or ameliorate the crisis
				  event;
(ii) include an assessment
				  that is culturally and linguistically competent;
(iii) result in immediate crisis resolution
				  and de-escalation; and
(iv) result
				  in the development of a crisis plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-1 › Section 511-1.6 - Guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
The Office shall develop guidelines to assist providers in
					 complying with the provisions of this Part and in delivering EPSDT services.
					 The Office shall post such guidelines on its public website.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-1 › Section 511-1.7 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the Children's Health and Behavioral
					 Health Services Transformation Medicaid State Plan Provider Manual which have
					 been incorporated by reference in this Part, have been filed in the Office of
					 the Secretary of State of the State of New York, the publication so filed being
					 the document entitled: Children's Health and Behavioral Health Services
					 Transformation Medicaid State Plan Provider Manual, published in March, 2016,
					 and any subsequent updates. This document incorporated by reference may be
					 examined at the Office of the Department of State, 99 Washington Ave, Albany,
					 NY 12231 or obtained from the Office of Mental Health Records Access Officer,
					 44 Holland Avenue; Albany, NY 12229.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-2 - Children's Mental Health Rehabilitation Services Program › Section 511-2.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				  of this Part is to establish certification standards for the operation of
				  Children's Mental Health Rehabilitation Services (CMHRS) programs.
(b) The goals of CMHRS programs are to assist
				  children and their families with significant mental health and behavioral
				  challenges function successfully within their homes and community, ameliorate
				  mental health symptoms and prevent the progression of mental health conditions
				  by providing a coordinated array of clinical treatment and rehabilitative and
				  support services.
(c) CMHRS are
				  primarily provided in nontraditional settings, including in the home or
				  community settings, to children and their families for whom a flexible approach
				  to service provision is needed to facilitate engagement or therapeutic
				  benefit.
(d) CMHRS shall be offered
				  individually or as a comprehensive array of services provided in an integrated
				  and coordinated manner. CMHRS programs shall establish protocols and procedures
				  for the integration of service provision for children, whether all services are
				  provided directly or through a formal agreement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-2 - Children's Mental Health Rehabilitation Services Program › Section 511-2.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 and
				  31.04  of
				  the Mental Hygiene Law grant the Commissioner of Mental Health ("the
				  Commissioner") the authority and responsibility to adopt regulations that are
				  necessary and proper to implement matters under his or her jurisdiction and to
				  set standards of quality and adequacy of facilities, equipment, personnel,
				  services, records and programs for the rendition of services for persons
				  experiencing symptoms of mental illness pursuant to an operating
				  certificate.
(b) Subdivision (b) of
				  section 43.02  of
				  the Mental Hygiene Law gives the Commissioner authority to request from
				  operators of facilities certified by the Office of Mental Health such
				  financial, statistical and program information as the Commissioner may
				  determine to be necessary.
(c)
				  Sections 31.07, 31.09, 31.13, and
				  31.19  of
				  the Mental Hygiene Law authorizes the Commissioner to examine and inspect such
				  programs to determine their suitability and proper operation. Section 31.16
				  authorizes the Commissioner to suspend, revoke or limit any operating
				  certificate, under certain circumstances.
(d) Section 31.11  of
				  the Mental Hygiene Law 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 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 the commissioner.
(e) 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.
(f)
				  Section 364-j  of
				  the Social Services Law requires the establishment of managed care programs
				  throughout the State and provides for the provision of special care services to
				  enrollees in Medicaid managed care programs who require such
				  services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-2 - Children's Mental Health Rehabilitation Services Program › Section 511-2.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to any provider that proposes to
					 operate a CMHRS program of services that must be certified by the Office of
					 Mental Health.