New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) General definitions.
(1) Admission criteria are those factors
				which are identified by the provider of service for use in determining an
				individual's eligibility for admission to a residential services
				program.
(2) Clinical assessment
				means an evaluation which shall include, at a minimum, a patient history,
				mental status determination, diagnosis and identification of individual
				treatment needs and recommendations.
(3) Community Residence for Eating Disorder
				Integrated Treatment Program (CREDIT Program) for adults is a subclass of
				community residence for individuals over the age of 18 who have been diagnosed
				with an eating disorder as defined in section 2799-e  of the Public Health Law, whose
				individual treatment issues preclude family settings or other less restrictive
				alternatives.
(4) Designated mental
				illness diagnosis means that an individual is 18 years of age or older and
				currently meets the criteria for a psychiatric diagnosis in the most current
				edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), or
				has a diagnosis of an eating disorder as defined in this section, but excluding
				alcohol or drug disorders, dementias and other disorders due to general medical
				conditions, developmental disabilities or social conditions (V-codes). ICD-9-CM
				categories and codes that do not have an equivalent in DSM-IV are also not
				included as designated mental illness diagnosis.
(5) Discharge planning means the process of
				planning for termination of services from a residential program through the
				identification of residential and other resources and supports needed for the
				transition of the resident to another residential option and making the
				necessary referrals, including linkages for treatment, rehabilitative and
				support services.
(6) Eating
				disorder means an eating disorder as such term is defined in section 2799-e  of the Public Health Law and shall
				include, but not be limited to, conditions such as anorexia nervosa, bulimia
				and binge eating disorder, identified as such in the most current edition of
				the International Classification of Disease or the most current edition of the
				Diagnostic and Statistical Manual of Mental Disorders, or other medical and
				mental health diagnostic references generally accepted for standard use by the
				medical and mental health fields.
(7) Extended impairment in functioning means
				an individual has met subparagraph (i) or (ii) of this paragraph:
(i) experienced two of the following four
				functional limitations due to a designated mental illness over the past 12
				months on a continuous or intermittent basis:
(a) marked difficulties in self-care such as
				personal hygiene, diet, clothing, avoiding injuries, securing health care or
				complying with medical advice;
(b)
				marked restrictions of activities of daily living such as maintaining a
				residence, using transportation, day-to-day money management or accessing
				community service;
(c) marked
				difficulties in maintaining social functioning such as establishing and
				maintaining social relationships, interpersonal interactions with primary
				partners, children and other family members, friends, or neighbors, social
				skills, compliance with social norms or appropriate use of leisure
				time;
(d) frequent deficiencies of
				concentration, persistence or pace resulting in failure to complete tasks in a
				timely manner in work, home or school setting. Individuals may exhibit
				limitations in these areas when they repeatedly are unable to complete simple
				tasks within an established time period, make frequent errors in tasks, or
				require assistance in the completion of tasks; or
(ii) met criteria for rating of 50 or less on
				the Global Assessment of Functioning Scale (Axis V of DSM-IV) due to a
				designated mental illness over the past 12 months on a continuous or
				intermittent basis.
(8)
				On-site services means those services which are provided either on a 24- hour
				basis in a congregate or service enriched single room occupancy program or
				through periodic visits and on an as-needed basis within an apartment
				program.
(9) Provider of service
				means the entity which is responsible for the operation of a program. Such
				entity may be an individual partnership, association or corporation.
(10) Qualified mental health staff person
				means:
(i) a physician who is currently
				licensed as a physician by the New York State Education Department;
(ii) a psychologist who is currently licensed
				as a psychologist by the New York State Education Department;
(iii) a social worker who is either currently
				licensed as a licensed master social worker or as a licensed clinical social
				worker by the New York State Education Department or has a master's degree in
				social work from a program approved by the New York State Education
				Department;
(iv) a registered nurse
				who is currently licensed as a registered professional nurse by the New York
				State Education Department;
(v) a
				creative arts therapist who is currently licensed as a creative arts therapist
				by the New York State Education Department;
(vi) a marriage and family therapist who is
				currently licensed as a marriage and family therapist by the New York State
				Education Department;
(vii) a
				mental health counselor who is currently licensed as a mental health counselor
				by the New York State Education Department;
(viii) a psychoanalyst who is currently
				licensed as a psychoanalyst by the New York State Education
				Department;
(ix) a nurse
				practitioner who is currently certified as a nurse practitioner by the New York
				State Education Department;
(x) an
				individual having education, experience and demonstrated competence, as defined
				below:
(a) a master's or bachelor's degree in
				a human services related field;
(b)
				an associate's degree in a human services related field and three years
				experience in human services;
(c) a
				high school degree and five years experience in human services; or
(xi) for purposes of a CREDIT
				program, a registered dietitian who is currently licensed by the New York State
				Education Department; or
(xii)
				other professional disciplines which receive the written approval of the Office
				of Mental Health.
(11)
				Reliance on psychiatric treatment, rehabilitation and supports means that a
				documented history shows that the individual, at some prior time, met the
				threshold for extended impairment in functioning, but symptoms and/or
				functioning problems are currently attenuated by medication or psychiatric
				rehabilitation and supports. Medication refers to psychotropic medications
				which may control certain primary manifestations of mental disorder, but may or
				may not affect functional limitations imposed by the mental disorder.
				Psychiatric rehabilitation and supports refers to a highly structured and
				supportive setting which may greatly reduce the demands placed on the
				individual and, thereby, minimize overt symptoms and signs of the underlying
				mental disorder.
(12) Site means
				the type of structure in which a residential program is located. Structural
				types are defined to delineate differences in premises, capacity and safety
				requirements and may include:
(i) Apartment
				which means a unit organized as a self-contained entity requiring staff support
				appropriate to the needs of the residents.
(ii) Congregate which means a program which
				is a group living design, requiring staff on-site, 24 hours per day.
(iii) Service enriched single room occupancy
				which means a program providing support services for persons who require
				assistance to improve or maintain their daily living and socialization skills,
				in residences with private living units and supportive services available on
				site. Such programs provide 24 hour on-site staff coverage and are designed to
				enable residents to live as independently as possible in stable community-based
				housing.
(13) Support
				residential program means a residential program which provides supportive
				services designed to improve or maintain an individual's ability to live as
				independently as possible and eventually access generic housing. For an
				individual who is not ready for full participation in services and activities,
				there may be an extended period of engagement consistent with the individual's
				desire, tolerance and capacity to participate in such services.
(14) Treatment residential program means a
				rehabilitation-oriented residential program which focuses upon interventions
				necessary to address an individual's specific functional and behavior deficits
				which must be resolved in order to access generic housing. The engagement of an
				individual in services and activities shall be consistent with the individual's
				desire, tolerance and capacity to participate in such initiatives.
(15) As used in this Part to describe the
				duties or obligations of the provider of service, the word ensure shall not
				affect the standard of liability in damages of a provider of service beyond the
				standard set forth in statutory and/or case law applicable in this
				State.