New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 512 - Personalized Recovery Oriented Services › Section 512.9 - Organization and administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provider of service shall identify a governing body, which shall have overall
				responsibility for the operation of the program. The governing body may
				delegate responsibility for the day-to-day management of the program to
				appropriate staff pursuant to an organizational plan approved by the
				office.
(b) In programs operated by
				not-for-profit corporations other than hospitals licensed pursuant to article
				28 of the Public Health Law, no person shall serve as a member of the governing
				body and of the paid staff of the program without prior approval of the
				office.
(c) The governing body
				shall be responsible for the following duties:
(1) to meet at least four times a
				year;
(2) to review, approve and
				maintain minutes of all official meetings;
(3) to develop an organizational plan which
				indicates lines of accountability and the qualifications required for staff
				positions. Such plan may include the delegation of the responsibility for the
				day-to-day management of the program to a designated professional who is
				qualified by training and experience to supervise program staff;
(4) to review the program's compliance with
				the terms and conditions of its operating certificate, applicable laws and
				regulations;
(5) to design and
				operate the program consistent with and appropriate to the ethnic and cultural
				background of the population to be served by the PROS program;
(6) to develop a mechanism for PROS program
				participants, and any individuals they identify, to participate in the
				development and ongoing review of the IRP;
(7) to develop, approve, and periodically
				review and revise as appropriate, all programmatic and administrative policies
				and procedures. Such policies and procedures shall include, but are not limited
				to, the following:
(i) written personnel
				policies which shall prohibit discrimination on the basis of race, color,
				creed, disability, sex, marital status, age, national origin or sexual
				orientation, and the applicable obligations imposed by: title VII of the Civil
				Rights Act; Federal Executive Order 11246; the Rehabilitation Act of 1973,
				section 504; the Vietnam Era Veteran's Readjustment Act; the Federal Age
				Discrimination in Employment Act of 1967; the Federal Equal Pay Act of 1963;
				the Americans with Disabilities Act of 1990; and the State Human Rights Law
				(Executive Law, article 15);
(ii)
				written policies, applicable to job applicants and volunteers, which shall
				provide for verification of employment history, personal references, work
				record and qualifications, as well as documentation of compliance with Part 550
				of this Title-- criminal history records check;
(iii) written policies and procedures, when
				applicable, concerning the prescription and administration of medication which
				shall be consistent with applicable Federal and State laws and
				regulations;
(iv) written policies
				and procedures regarding the confidentiality of individuals' records consistent
				with applicable Federal and State laws and regulations, and the appropriate
				retention of such records;
(v)
				written criteria for admission and discharge from the program;
(vi) written policies and procedures
				regarding the mandatory reporting of child abuse or neglect;
(vii) written policies and procedures
				describing an incremental grievance process that addresses the timely review
				and resolution of individuals' complaints, including documentation thereof, and
				which provides a process enabling individuals to request review by the
				provider's governing body, and ultimately the Office of Mental Health, when
				resolution is not satisfactory;
(viii) written policies and procedures
				regarding the use of recipient employees that address, at a minimum, the
				requirements pursuant to section
				512.7(d)(9) 
				of this Part; and
(ix) standards of
				conduct which shall be delineated for all staff in regard to relationships with
				PROS participants consistent with OMH guidance.