reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.21 - Waiver provisions

Current through Register Vol. 46, No. 28, July 10, 2024
In order to be eligible for the waiver provisions of this section,
				  a residential treatment facility must meet one of the three following
				  requirements:
(a) The residential treatment
				facility is located in a rural area and can demonstrate to the satisfaction of the
				Office of Mental Health the need for a waiver. For purposes of this Part, a rural
				area shall be a county where the population density is less than one hundred persons
				per square mile based upon current available data. The following sections of this
				Part are eligible for waiver:
(1) Section 584.5(d).
				The Office of Mental Health may approve a resident capacity of less than 14 where
				the residential treatment facility can demonstrate that this limitation would
				adversely affect the services provided. Consideration will be given to factors such
				as, but not limited to, geographic distance and transportation problems of
				residents' families and availability of staff.
(2) Section 584.10(e). The Office of Mental Health may approve the use
				of a physician in lieu of a psychiatrist where the residential treatment facility
				can demonstrate that a psychiatrist is unavailable to meet the requirement. The
				physician must have specialized training or experience in treating mentally ill
				children and youth.
(3) Section
				584.10(e). The Office of Mental Health may approve the use of a person who has
				received a bachelor's degree in one of the following areas, art education, drama,
				early childhood education, music education, physical education, psychology,
				rehabilitation, sociology or special education in lieu of a therapeutic recreation
				specialist in circumstances where the residential treatment facility can demonstrate
				that a therapeutic recreation specialist is unavailable to meet the requirement. The
				person holding such a degree must also have specialized training or experience in
				treating mentally ill children and youth. This provision is extended to residential
				treatment facilities in other than rural areas.
(4) Section 584.11(f). Educational and vocational
				services may be provided at a location different than the residential treatment
				facility when the residential treatment facility can demonstrate that such
				arrangements would benefit the residents and that such services will be fully
				integrated through the treatment planning process.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) family care
				homes provide 24-hour residential services in small family settings that match
				resident needs and provider skills offering an individually-tailored living
				environment.
(b) The Office of
				Mental Health issues an operating certificate to qualified individuals in the
				community who agree to provide specified residential services in their own
				homes to no more than six persons with mental illness. These family care
				providers are reimbursed for expenses occurred in providing care (i.e., room
				and board and mileage) and may receive additional funds to meet the personal
				needs of residents.
(c) Each family
				care provider must have a program sponsor, which is either a State-operated
				psychiatric center or a community-based mental health program. The program
				sponsor is responsible for ensuring that the family care provider is an
				integral part of the family care resident's treatment team. In addition, the
				program sponsor is responsible for training the provider, securing emergency
				support services, and monitoring the home for compliance with regulations,
				policies, and procedures of the Office of Mental Health.
(d) Family care providers are trained to
				manage a variety of placements, including:
(1) those who have reached their maximum
				level of independence and are in need of long-term care;
(2) those who require consistent care for
				extended periods of time to increase their level of functioning;
(3) those who are geriatric, physically
				disabled, or who are young adults in need of small group settings;
				and/or
(4) those who are young
				adults (18 years or older).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.2 - 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 or her
				jurisdiction.
(b) Sections 31.03 and
				31.04  of the Mental Hygiene Law authorize
				the Commissioner of Mental Health to set standards of quality and adequacy of
				facilities, equipment, personnel, services, records and programs for the
				rendition of services, including family care homes, pursuant to an operating
				certificate, for persons diagnosed with mental illness.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Certified capacity means the maximum
				number of residents who can be placed in a family care home, as specified on
				the operating certificate of the home.
(b) Commissioner means the Commissioner of
				Mental Health.
(c) Family care home
				means a combination of a private residence and a family certified by the
				commissioner to provide 24-hour residential services in a small family
				setting.
(d) Family care program
				means a residential program comprised of family care homes certified by the
				Office of Mental Health, operated by a program sponsor.
(e) Family care provider means one or more
				adults (age 21 or older) approved by the commissioner to operate a certified
				family care home.
(f) Family care
				resident means an individual (age 18 or older) with a history of mental illness
				who has been placed in a family care home because he or she is in need of a
				supervised residential setting.
(g)
				Natural person means a human being, as distinguished from an artificial person
				created by law (e.g., a corporation).
(h) Office means the New York State Office of
				Mental Health.
(i) Operating
				certificate means a written document conveying to the public the authorization
				by the commissioner for a family care provider to operate a family care
				home.
(j) Private residence means a
				building or a part thereof with provisions for living, cooking, sanitary, and
				sleeping facilities arranged for the use of one family.
(k) Program sponsor means a State-operated
				psychiatric center or community-based provider of mental health services that
				operates a family care program, in which residential services are provided in
				family care homes by family care providers.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.4 - Operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Family
				care providers shall provide family care services only in accordance with an
				operating certificate that has been issued to such provider through its program
				sponsor by the office in accordance with Part 573 of this Title, and based on
				specific findings that:
(1) the family care
				provider is a person or persons, age 21 or older (without regard to marital
				status);
(2) the family care
				provider owns, rents, or leases the subject house or apartment;
(3) only one family care home will be
				operated by the family care provider, who will reside at the premises that will
				be the family care home;
(4) the
				family care home meets applicable building code standards, in accordance with
				this Part;
(5) the family care home
				is large enough to provide adequate and appropriate living accommodations for
				all of the people who reside in the household, including all residents that
				will be served by the family care home;
(6) the family care provider has agreed to
				fulfill all conditions and obligations identified in the family care provider
				application, as prescribed in section 585.4  of this Part;
(7) the commissioner has determined there is
				a public need for the home in the area to be served; and
(8) the program sponsor has ensured that
				family care providers and residents will have access to all necessary services,
				as demonstrated through written agreements with local service
				providers.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.5 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				for operating certificates must be submitted to the office by the program
				sponsor on a form and in a format designated by the office.
(b) A copy of the application will be sent to
				the appropriate local governmental unit serving the area for review.
(c) As part of the application process,
				program sponsors must be able to demonstrate, to the satisfaction of the
				office, that it has entered into written agreements with local service
				providers to ensure that family care providers and residents will have access
				to all necessary services.
(d)
				Qualifications of family care providers.
(1) A
				family care provider must be an adult person. The financial condition, good
				moral character and good physical and mental health of the applicant must be
				demonstrated to the satisfaction of the commissioner. Family care provider
				applicants are subject to the criminal history review process set forth in Part
				550 of this Title.
(2) To avoid a
				conflict of interest, applications of program sponsor employees for operating
				certificates of family care providers will only be considered for approval if
				it is clearly established that such program sponsor employee:
(i) has not provided, and will not provide,
				therapeutic services to potential residents;
(ii) has not participated, and will not
				participate, in placement of residents;
(iii) is able to provide appropriate
				supervision for residents placed in the family care home.
(3) When more than one person living in a
				family care home will be designated as a family care provider, each person must
				separately meet all qualifications.
(4) Conditions and obligations. Family care
				providers must agree in their application to fulfill the following conditions
				and obligations:
(i) to promptly receive basic
				training in mental illness and/or medication management, as necessary and
				appropriate, before any residents are placed in the family care home;
(ii) to participate in all aspects of a
				background check, and to ensure persons living in family care homes (other than
				the resident) operated by the family care provider participate in all aspects
				of a background check, including a criminal history background check
				administered in accordance with Part 550 of this Title, as
				applicable;
(iii) to designate an
				appropriate adult willing to provide respite care in his/her home or to agree
				to utilize services available to the family care program until such person can
				be designated; and
(iv) to ensure
				that the family care homes which it operates will meet all requirements of this
				section and sections
				585.6
				and
				585.7 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.6 - Design and space requirements for family care homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mobile homes or trailers shall not be
				permitted for use as family care homes.
(b) Each resident bedroom in a family care
				home shall contain an individual bed, bureau, closet and sufficient space for
				all furniture and resident passage therein.
(c) Each resident bedroom shall contain at
				least 70 square feet (exclusive of closets) for the first bed and at least 50
				square feet (exclusive of closets) for each additional bed.
(d) No resident shall share a bedroom with
				more than one other person, except in homes certified prior to July 2006, in
				which case the room capacity shall not exceed four persons.
(e) Access and exit from any bedroom shall be
				to a hall or corridor, and not through a bathroom, toilet room or another
				bedroom.
(f) There shall be a
				minimum of one toilet, one lavatory and one tub or shower for each six persons
				living in the family care home.
(g)
				In addition to bedroom space, at least 30 square feet of space per person
				residing in the home shall be provided for living, dining and recreational
				activities. Dining space shall be furnished to provide for family group seating
				during meals.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.7 - Safety standards for family care homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These standards provide a minimum level
				of safety for family care homes. Written waivers to requirements may be granted
				by the office when the commissioner has reasonable assurance that an equivalent
				compensatory alternative is utilized to maintain a minimal level of
				safety.
(b) Residents with physical
				or developmental disabilities. Requirements for residents who are
				non-ambulatory, deaf, blind or incapable of self preservation under emergency
				conditions shall be determined on an individual case basis.
(c) Codes.
(1) Family care homes that are one- or
				two-family dwellings shall comply with the current recognized edition of the
				Residential Code of New York State, the Property Maintenance Code of New York
				State, and the Fire Code of New York State.
(2) Family care homes that are residential
				occupancies, other than one- or two-family dwellings, shall comply with the
				current recognized edition of the Building Code of New York State, the Property
				Maintenance Code of New York State and the Fire Code of New York
				State.
(3) Family care homes that
				are located in New York City shall comply with the current recognized edition
				of the New York City Administrative Code for building code and housing
				maintenance code.
(4) Information
				on obtaining the codes is available from the New York State Department of
				State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.8 - Duties and responsibilities of family care providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The family care provider or providers, as
				identified on the operating certificate, shall live in and be responsible for
				the operation and management of the family care home.
(2) The family care provider shall
				participate with residents and program sponsors in planning treatment for each
				resident.
(3) The family care
				provider must provide a home-like, family living environment for residents and
				ensure that each resident is involved in family activities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.9 - Placement, admission, and discharge of residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Placement.
(1) Placement referrals shall be made by the
				office or community mental health providers.
(2) It is the responsibility of program
				sponsor to screen the placement of prospective residents with family care
				providers in family care homes.
(3)
				Restrictions on placements.
(i) No individual
				against whom a warrant has been filed by a criminal court or district attorney
				in connection with a criminal proceeding may be placed with a family care
				provider in a family care home.
(ii) Persons committed to the custody of the
				Office of Mental Health pursuant to an order of a criminal court or a civil
				court pursuant to article 10 of the Mental Hygiene Law, cannot be placed with a
				family care provider in a family care home unless prior permission has been
				obtained from the court with jurisdiction over the case which authorizes such
				placement.
(4) A family
				care provider may accept a placement from an entity other than the office or
				community mental health provider, (such as a housing authority or social
				service agency) but only after such placement has received the prior approval
				of the program sponsor pursuant to a written agreement between the program
				sponsor and the director of the other placing entity. Such placements shall be
				counted as part of the certified capacity of the family care home.
(5) Each program sponsor shall use its best
				efforts to have a variety of placements in family care available to meet the
				needs of the residents.
(6)
				Whenever feasible and appropriate to the needs of the prospective resident,
				placements in family care should be transitional and time limited to ensure
				residents are moved to the least restrictive, most independent living
				arrangements that are possible, provided, however, that nothing in this section
				shall be deemed to prevent an extended or long term placement, if that is
				appropriate to the needs of a particular resident.
(7) Each prospective resident shall have a
				current medical examination prior to placement in a family care home For
				purposes of this paragraph, current shall mean no more than six months prior to
				placement.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.10 - Removal of residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				resident who is not ready for discharge and who does not wish to leave a family
				care home voluntarily can be removed from a family care home when at least one
				of the following criteria is met:
(1) the
				resident poses a serious and continuous threat to the safety of him/herself or
				others in the family care home;
(2)
				the resident continuously fails or refuses to follow the rules of the family
				care home and program, and has been advised and reasonably reminded of such
				rules; or
(3) the medical needs of
				the residence can no longer be met by the family care home.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.11 - Respite

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each family
				care home is entitled to a minimum number of respite days as provided in Mental
				Hygiene Law section 31.03(h)(7), or as provided in the annual State
				Budget.
(b) Program sponsors are
				responsible for approving all respite providers.
(1) All applicants for respite services must
				undergo a criminal history background check in accordance with the provisions
				of Part 550 of this Title.
(2) Paid
				respite providers cannot be a spouse of the family care provider, but may
				function in an unpaid respite capacity.
(3) Respite providers must be at least 21
				years of age, provided, however, an exception may be made to certify a respite
				care provider of age 18 or older, if maturity, responsibility, and knowledge of
				caregiving can be adequately demonstrated.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.12 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The family care
				provider, with assistance and supervision from the program sponsor, will
				maintain a medication record. The medication record must include a complete
				accounting of all residents' medication stored and/or administered in the
				family care home.
(b) The family
				care provider shall maintain a complete and current set of family care policy
				guidelines as issued by the office.
(c) The family care provider shall maintain a
				complete and current file of all correspondence relating to the operating
				certificates of the family care home.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 585 - Standards For Family Care Homes › Section 585.13 - Fees for family care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fees for the
				provision of room, board and services to clients may be established by the
				commissioner, with the concurrence of the Division of Budget.
(b) Fees shall be adjusted to reflect each
				client's ability to pay. Fees charged recipients of public assistance or
				supplemental security income benefits shall not exceed amounts available to
				such persons under law less the personal needs allowance required to be
				reserved for the use of such person pursuant to State law and
				regulations.
(c) Subject to the
				availability of resources to clients, the commissioner may increase fees for
				family care homes to meet extraordinary expenses generally incurred by
				providers of family care services. Such increases in fees may be individually
				calculated to reflect extraordinary expenses actually incurred by each family
				care home.
(d) Such fees shall be
				established administratively and a record thereof maintained by the
				commissioner.
(e) Upon approval of
				a fee or a temporary increase in fees, the family care provider shall give the
				client 30 days' written notice of the implementation of the adjusted
				fee.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of outpatient programs for adults with a diagnosis of mental illness is the
				diagnosis and treatment of mental illness on an ambulatory basis. The goals of
				outpatient treatment for adults are to reduce symptoms, to maximize potential
				for recovery of meaningful social involvement to maintain the recipient's
				capacity to function in the community, or when appropriate, to improve parental
				functioning while maintaining or restoring minor children to the care of the
				parent where feasible.
(b) The
				purpose of outpatient programs serving children with a diagnosis of emotional
				disturbance is for the diagnosis and treatment of emotional disturbance on an
				ambulatory basis. The goals of outpatient treatment for children are to reduce
				symptoms and improve functioning while maintaining children in their natural
				environments, supporting family integrity and functioning, and providing
				ongoing support to the recipient and relevant collaterals.
(c) This Part establishes and sets
				certification standards for six categories of outpatient programs: clinic
				treatment programs for adults, clinic treatment programs for children,
				continuing day treatment, day treatment programs for children, intensive
				psychiatric rehabilitation treatment, and partial hospitalization.
(d) The Office of Mental Health issues
				operating certificates to programs which meet the standards set forth in this
				Part. Certification in and of itself does not confer eligibility to receive
				financial support from any governmental source. In order to qualify for
				reimbursement under the medical assistance program, outpatient programs must
				also comply with the standards specified in Part 588 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.2 - 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 power 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 adults diagnosed with mental illness or children diagnosed with
				emotional disturbance, pursuant to an operating certificate.
(b) Section 31.02  of the Mental Hygiene Law prohibits
				the operation of nonresidential or outpatient programs providing services for
				the mentally disabled unless an operating certificate has been obtained from
				the commissioner.
(c) The Mental
				Hygiene Law, in sections 31.07, 31.09, 31.13 and 31.19, further authorizes the
				commissioner or his or her representatives 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.
(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 the 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) Section 31.06  of the Mental Hygiene Law requires
				every holder of an operating certificate to develop policies and training
				programs in regard to reporting child abuse or neglect.
(f) Section 43.02 (b)  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.
(g)
				[
Reserved
]
(h)
				Article 33 of the Mental Hygiene Law establishes basic rights of persons
				diagnosed with mental illness.
(i)
				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.
(j) Section 365-m  of the Social Services Law
				authorizes the Commissioner of the Office of Mental Health and the Commissioner
				of the Office of Alcoholism and Substance Abuse Services, 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 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any provider of service which operates or proposes to operate a
				nonresidential outpatient program in which staff are assigned on a regular
				basis to provide services for the treatment of adults with a diagnosis of
				mental illness or children with a diagnosis of emotional disturbance.
(b) Section
				587.4(a)(5)(iii) 
				of this Part, in regard to organic brain syndromes, shall not be effective
				until July 1, 1996.
(c) This Part
				applies to any provider of service which provides carved-out services to
				enrollees in a Medicaid managed care program.
(d) This Part does not apply to the following
				activities which do not require an operating certificate issued by the Office
				of Mental Health:
(1) professional practice,
				on an individual or partnership basis, within the scope of professional
				licensure or certificate issued by an agency of the State;
(2) professional practice by a professional
				service corporation duly incorporated pursuant to the Business Corporation
				Law;
(3) pastoral counseling by a
				clergyman or minister as defined in section 2 of the Religious Corporation
				Law;
(4) nonresidential services
				that are provided in accordance with licensure or other supervision by a State
				agency other than the Office of Mental Health; or
(5) nonresidential services that are provided
				in accordance with purposes authorized in a charter or certificate of
				incorporation issued pursuant to the Education Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.5 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A provider of
				service intending to operate an outpatient program must obtain an initial
				operating certificate issued by the Office of Mental Health in accordance with
				procedures established in Part 551 of this Title. Renewals of such operating
				certificates shall be issued for terms of up to three years, unless the Office
				of Mental Health shall deem that a term less than three years is
				appropriate.
(b) Each outpatient
				program site shall be authorized by a separate operating certificate. The
				operating certificate shall specify for each site:
(1) the program type to be
				operated;
(2) the location of the
				program;
(3) the hours of operation
				of the program;
(4) the program
				capacity for continuing day treatment, partial hospitalization and intensive
				psychiatric rehabilitation treatment programs;
(5) the population to be served;
(6) the term of the operating certificate;
				and
(7) any approved optional
				services to be provided.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.8 - Clinic treatment programs for adults

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A clinic treatment program shall provide treatment designed to reduce symptoms,
				to improve functioning, and to provide ongoing support.
(b) Eligibility for admission to a clinic
				treatment program shall be based on a designated mental illness
				diagnosis.
(c) A clinic treatment
				program shall provide assessment services to all recipients and, in addition,
				shall provide health screening services to all recipients receiving medication
				therapy services. Treatment planning and discharge planning services shall be
				provided in accordance with section
				587.16 
				of this Part.
(d) A clinic
				treatment program shall offer each of the following services, to be provided
				consistent with recipients' conditions and needs:
(1) health screening and referral;
(2) verbal therapy;
(3) medication therapy;
(4) medication education;
(5) symptom management; and
(6) psychiatric rehabilitation readiness
				determination and referral.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.9 - Clinic treatment programs serving children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A clinic treatment program serving
				children with a diagnosis of emotional disturbance shall provide treatment
				designed to reduce symptoms and improve functioning while maintaining children
				in their natural environments, supporting family integrity and functioning, and
				providing ongoing support to the recipient and relevant collaterals during
				treatment.
(b) Clinic treatment
				programs serving children shall be identified into two separate categories as
				follows:
(1) clinic treatment programs
				serving children with a designated mental illness diagnosis, including V-Code
				61-20 Parent-Child; or
(2) clinic
				treatment programs serving children with a designated mental illness diagnosis,
				including V-Code 61-20 Parent-Child, plus either an extended impairment in
				functioning due to emotional disturbance or a current impairment in functioning
				with severe symptoms as defined in section
				587.4(a)(4) and
				(8)  of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.10 - Continuing day treatment programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A continuing day treatment program shall provide active treatment designed to
				maintain or enhance current levels of functioning and skills, to maintain
				community living, and to develop self-awareness and self-esteem through the
				exploration and development of strengths and interests.
(b) Eligibility for admission to a continuing
				day treatment program shall be based on a designated mental illness diagnosis
				and a dysfunction due to mental illness.
(c) A continuing day treatment program shall
				provide assessment and health screening services to all recipients. Treatment
				planning and discharge planning services shall be provided in accordance with
				section
				587.16 
				of this Part.
(d) A continuing day
				treatment program shall offer each of the following services, to be provided
				consistent with recipients' conditions and needs:
(1) medication therapy;
(2) medication education;
(3) case management;
(4) health referral;
(5) rehabilitation readiness
				development;
(6) psychiatric
				rehabilitation readiness determination and referral; and
(7) symptom management.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.11 - Day treatment programs serving children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A day treatment program serving children
				shall provide treatment designed to stabilize children's adjustment to
				educational settings, to prepare children for return to educational settings,
				and to transition children to educational settings. Upon approval of the
				commissioner, a day treatment program may continue to serve individuals over
				the age of 18, but under the age of 22, who continue to meet the admission
				criteria for a day treatment program, in order to ensure that the individual
				has received the necessary educational services required to move to independent
				living.
(b) Eligibility for
				admission to a day treatment program serving children shall be based on a
				designated mental illness diagnosis, plus either an extended impairment in
				functioning due to emotional disturbance or a current impairment in functioning
				with severe symptoms, as defined in section
				587.4(a)(4) and
				(8)  of this Part.
(c) A day treatment program serving children
				shall provide assessment and health screening services to all recipients.
				Treatment planning and discharge planning services shall be provided in
				accordance with section
				587.16 
				of this Part.
(d) A day treatment
				program serving children shall offer each of the following services, to be
				provided consistent with the recipients, conditions and needs:
(1) health referral;
(2) medication therapy;
(3) verbal therapy;
(4) crisis intervention services;
(5) case management;
(6) social training;
(7) task and skill training; and
(8) socialization.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.12 - Partial hospitalization programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A partial hospitalization program shall
				provide active treatment designed to stabilize and ameliorate acute symptoms,
				to serve as an alternative to inpatient hospitalization, or to reduce the
				length of a hospital stay within a medically supervised program.
(b) Eligibility for admission to a partial
				hospitalization program shall be based on a designated mental illness diagnosis
				which has resulted in dysfunction due to acute symptomatology which requires
				medically supervised intervention to achieve stabilization and which, but for
				the availability of a partial hospitalization program, would necessitate
				admission to or continued stay in an inpatient hospital. At least one-third of
				annual admissions shall come from clinically appropriate referrals from 9.39
				approved hospitals, comprehensive psychiatric emergency programs, State
				operated facilities, and Comprehensive Outpatient Program providers. In order
				to assure that this referral process best meets the needs of the local mental
				health system, a partial hospitalization program shall develop admission
				referral and linkage agreements with providers designated by the Office of
				Mental Health in consultation with the appropriate local government unit. These
				agreements shall be approved in writing by the local government unit and the
				Office of Mental Health.
(c) A
				partial hospitalization program shall provide assessment and health screening
				services to all recipients. Treatment planning and discharge planning services
				shall be provided in accordance with section
				587.16 
				of this Part.
(d) A partial
				hospitalization program shall offer each of the following services, to be
				provided consistent with recipients' conditions and needs:
(1) health referral;
(2) symptom management;
(3) medication therapy;
(4) medication education;
(5) verbal therapy;
(6) case management;
(7) psychiatric rehabilitation readiness
				determination and referral;
(8)
				crisis intervention services;
(9)
				activity therapy; and
(10) clinical
				support services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.13 - Intensive psychiatric rehabilitation treatment programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An intensive psychiatric rehabilitation
				treatment program is time limited, with active psychiatric rehabilitation
				designed to assist persons in forming and achieving mutually agreed upon goals
				in living, learning, working and social environments, to intervene with
				psychiatric rehabilitation technologies to overcome functional disabilities,
				and to improve environmental supports.
(b) Eligibility for admission to an intensive
				psychiatric rehabilitation treatment program shall be based on:
(1) a designated mental illness
				diagnosis;
(2) a dysfunction due to
				mental illness which is likely to continue for a prolonged time;
(3) readiness to participate in a designated
				intensive psychiatric rehabilitation treatment program; and
(4) referral by a licensed
				practitioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.14 - 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 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.16 - Treatment planning for clinic treatment programs, continuing day treatment programs, day treatment programs serving children and partial hospitalization programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Treatment planning shall be an ongoing assessment process carried out by the
				professional staff in cooperation with the recipient and his or her family
				and/or other collaterals, as appropriate, which results in a treatment plan.
				The treatment plan shall be updated or revised as necessary to document changes
				in the recipient's condition or needs and the services and treatment
				provided.
(b) Treatment planning
				shall be based on an assessment of the recipient's psychiatric, physical,
				social, and/or psychiatric rehabilitation needs which result in the
				identification of the following:
(1) the
				recipient's designated mental illness diagnosis;
(2) the recipient's problems and
				strengths;
(3) the recipient's
				treatment goals consistent with the purpose and intent of the program;
				and
(4) the specific objectives and
				services necessary to accomplish goals.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.17 - Psychiatric rehabilitation service planning for an intensive psychiatric rehabilitation treatment program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Psychiatric rehabilitation services in an intensive psychiatric rehabilitation
				treatment program shall be provided in accordance with an approved initial
				psychiatric rehabilitation service plan.
(b) The development of a psychiatric
				rehabilitation service plan shall be an ongoing process developed in accordance
				with section
				587.4(c)(15) 
				of this Part. Such plan shall be developed by the clinical staff, recipient,
				and any collaterals identified by the recipient for participation in planning,
				as appropriate. The psychiatric rehabilitation service plan shall be a mutually
				agreed upon course of action which identifies the following:
(1) statement of rehabilitation
				aspirations;
(2) statement of
				service goals and objectives;
(3)
				identification of planned interventions; and
(4) proposed time periods.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.18 - Case records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				be a complete case record maintained for each person admitted into an
				outpatient program. Such case record shall be maintained in accordance with
				recognized and acceptable principles of recordkeeping as follows:
(1) case record entries shall be made in
				nonerasable ink or typewriter;
(2)
				case records shall be legible;
(3)
				case records shall be periodically reviewed for quality and completeness;
				and
(4) all entries in case records
				shall be dated and signed by appropriate staff.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.19 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provider of
				service shall maintain premises which are adequate and appropriate for the safe
				and effective operation of an outpatient program in accordance with the
				following:
(1) Program capacity of a
				continuing day treatment program, intensive psychiatric rehabilitation
				treatment program, and partial hospitalization program shall be determined by
				allocating adequate space for the number of persons served by the
				program.
(2) Occupancy of a
				continuing day treatment program, intensive psychiatric rehabilitation
				treatment program and partial hospitalization program shall not exceed the
				program capacity stated in the program's operating certificate by more than 15
				percent.
(3) All outpatient
				programs shall provide for sufficient private rooms consistent with the
				capacity and purpose of the program.
(4) All outpatient programs shall provide for
				sufficient types and arrangements of spaces to provide group activities
				consistent with the capacity and purpose of the program.
(5) A continuing day treatment program space
				may be considered as part of sheltered workshop space only if a discrete
				portion of that space is identified as part of a continuing day treatment
				program and used exclusively for such purpose.
(6) All outpatient programs shall provide for
				controlled access to and maintenance of medication and supplies in accordance
				with all applicable Federal and State laws and regulations.
(7) All outpatient programs shall provide for
				controlled access to and maintenance of records.
(8) All outpatient programs shall provide for
				appropriate furnishings and equipment consistent with the purpose of the
				program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.20 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Psychiatric
				coverage may be waived under the following circumstances:
(1) The Office of Mental Health may approve
				the use of a physician in lieu of a psychiatrist in circumstances where the
				outpatient program can demonstrate that a psychiatrist is unavailable to meet
				the requirement. Such physician shall have specialized training or experience
				in the treatment of mental illness.
(2) If the requirements of paragraph (1) of
				this subdivision cannot be met, the Office of Mental Health may approve a plan
				for the provision of an equivalent level of care which shall include, but not
				be limited to, a physician who does not have specialized training or experience
				in the treatment of the mentally ill and at least a licensed psychologist or a
				registered nurse or a licensed social worker who is experienced in the
				treatment of adults with a diagnosis of mental illness and/or children with a
				diagnosis of emotional disturbance.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.21 - Transition from Part 585 to Part 587

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Programs certified pursuant to Part 585 of this Title may continue to operate
				pursuant to the requirements of Part 585 of this Title until the expiration of
				the term of their operating certificate.
(b) Upon the expiration of an operating
				certificate issued pursuant to Part 585 of this Title, a provider may:
(1) apply for a single renewal of such
				certificate for up to two years pursuant to Part 573 of this Title;
(2) return its operating certificate to the
				Office of Mental Health; or
(3)
				apply for an operating certificate as a program established under this Part.
				Such application may also be made prior to the expiration of an existing
				operating certificate, at any time after the effective date of this
				Part.