New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 624 - Reportable Incidents And Notable Occurrences › Section 624.20 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
The glossary is arranged so that the last word in a title of
				  phrase is the key word to look up, and those words are arranged
				  alphabetically.
(a)
Abuse or
				neglect.
Those reportable incidents defined in section
				  624.3(b)(1)""(8) of this Part.
(b)
Administrator, program.
Someone designated by the governing body and/or the chief
				  executive officer to be responsible and accountable for the daily operation of
				  one or more types services provided by an agency (
e.g.,
ICF
				  program, community residence program, residential habilitation program, respite
				  program, family support program).
(c)
Adult, capable.
For purposes of this Part, a person 18 years of age or older
				  who is able to understand the nature and implication of an issue. The
				  assessment of capability in relation to each issue as it arises will be made by
				  the person's program planning team (see glossary). Capability, as stipulated by
				  this definition, does not mean legal competency; nor does it necessarily relate
				  to a person's capability to independently handle his or her own financial
				  affairs; nor does it relate to the person's capacity to understand appropriate
				  disclosures regarding proposed professional medical treatment. Whenever there
				  is doubt on the part of any other party interested in the welfare of the person
				  as to that person's ability to make decisions, as ascertained by the program
				  planning team or others called upon by and agency, a determination of
				  capability for a specific issue or issues may be made by a Capability Review
				  Board (see glossary) designated by the commissioner, except, prior to May 31,
				  2014, that in an ICF/DD facility the requirements of section
				  681.13 
				  of this Title may apply. A capable adult person cannot override the authority
				  granted a guardian pursuant to article 81 of the Mental Hygiene Law or of a
				  conservator or a committee; or the authority granted a guardian in accordance
				  with the Surrogate Court Procedure Act.
(d)
Advocate.
As used in this Part, someone who has volunteered to help a
				  person apply for HCBS waiver services who gives advice and support, who helps
				  the person make informed choices, and who acts on behalf of the person when
				  that person is unable to do so by himself or herself. While an advocate plays
				  an active role in promoting self-advocacy and in assisting with service
				  planning, implementation, and monitoring, he or she has no legal authority over
				  a person's affairs unless designated as the legal guardian.
(e)
Agency.
The operator of a facility, program or service operated,
				  certified, authorized, or funded through contract by OPWDD. In the case of
				  State-operated facilities, the Developmental Disabilities State Operations
				  Office (DDSOO) is considered to be the agency. Family care providers are not
				  considered to be an agency (also see
agency, sponsoring
). The
				  term
agency
as used in this Part includes sponsoring
				  agencies.
(f)
Agency,
				sponsoring.
An oversight entity of one or more OPWDD certified family
				  care homes. In the case of family care homes operated under state sponsorship,
				  the DDSOO is considered to be the sponsoring agency.
(g)
Agency, State.
A New York State governmental unit created for the
				  management/delivery of services to the citizens of the State.
(h)
Allegation (of abuse or
				neglect).
For purposes of this Part, the implication that abuse or
				  neglect of a person may have occurred, based upon the report of a witness, upon
				  a person's own account, or upon physical evidence of probable abuse or
				  neglect.
(i)
Application, Incident Report and Management (IRMA).
A secure web-based statewide database for incident reporting
				  that is used by providers in the OPWDD system.
(j)
Auspices, under the.
For the purposes of this Part and Part 625 of this Title, an
				  event or situation in which the agency or family care provider is providing
				  services to a person. The event or situation can occur whether or not the
				  person is physically at a site owned, leased, or operated by the agency or
				  family care provider.
(1) Events or
				situations that are under the auspices of the agency or family care provider
				include but are not limited to:
(i) An event
				or situation in which agency personnel (staff, interns, contractors,
				consultants, and/or volunteers) or a family care provider (or
				respite/substitute provider) are, or should have been, physically present and
				providing services at that point in time.
(ii) Any situation involving physical
				conditions at the site provided by the agency or family care home, even in the
				absence of agency personnel or the family care provider.
(iii) The death of an individual that
				occurred while the individual was receiving services or that was caused by or
				resulted from a reportable incident or notable occurrence defined in sections
				624.3
				and
				624.4 
				of this Title.
(iv) Notwithstanding
				any other requirement in this subdivision, the death of an individual receiving
				services who lived in a residential facility operated or certified by OPWDD,
				including a family care home, is always under the auspices of the agency. The
				death is also under the auspices of the agency if the death occurred up to 30
				days after the discharge of the individual from the residential facility
				(unless the person was admitted to a different residential facility in the
				OPWDD system). (Note: this does not include free-standing respite
				facilities.)
(v) Related to
				reportable incidents and notable occurrences as defined in sections
				624.3
				and
				624.4 
				of this Title, any event that directly involves or may have involved agency
				personnel or a family care provider (or respite/substitute provider) or someone
				who lives in the home of the family care provider.