reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.2 - 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
				powers 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 mentally ill individuals pursuant to
				an operating certificate.
(b)
				Section 9.40  of the Mental Hygiene Law provides for
				emergency psychiatric admission to a comprehensive psychiatric emergency
				program.
(c) In accordance with
				Mental Hygiene Law Sec. 9.13 voluntary patients may seek admission to a
				comprehensive psychiatric emergency program. Voluntary treatment means that a
				person has a mental illness for which care and treatment as a patient in a
				comprehensive psychiatric emergency program is essential to such person's
				welfare and such person understands and consents to the need for such care and
				treatment.
(d) Section 31.02  of the Mental Hygiene Law prohibits
				the operation of programs providing services for persons with mental illness
				unless an operating certificate has been obtained from the appropriate
				commissioner of an office within the Department of Mental Hygiene.
(e) The Mental Hygiene Law, sections 31.05,
				31.07, 31.09, 31.13, 31.19 and 31.27 further authorize the commissioner or his
				or her representative to examine and inspect such programs to determine their
				suitability and proper operation. Sections 31.16 and 31.17 authorize the
				commissioner to suspend, revoke or limit any operating certificate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any general hospital which is operated
				  by State or local governments or voluntary agencies, is authorized to receive
				  and retain patients pursuant to section 9.39  of the Mental Hygiene Law and operates
				  or proposes to operate a comprehensive psychiatric emergency
				  program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) Commissioner means the Commissioner of
				Mental Health.
(2) General hospital
				shall be defined as in article 28 of the Public Health Law.
(3) Rural areas, for the purposes of this
				Part, means any city, town, village, community, organization or other group in
				a county with a population under 200,000.
(4) Voluntary agency shall be defined as in
				article 41 of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.5 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any general
				hospital that intends to operate a comprehensive psychiatric emergency program
				must be issued an operating certificate by the Office of Mental Health prior to
				the operation of the program.
(b)
				An operating certificate may be limited, suspended, or revoked by the Office of
				Mental Health in accordance with the provisions of section 31.16  of the Mental Hygiene Law and Part
				573 of this Title. Operating certificates shall remain the property of the
				Office of Mental Health, and revoked operating certificates shall be returned
				to the Office of Mental Health.
(c)
				In order to receive and retain an operating certificate, a comprehensive
				psychiatric emergency program shall:
(1)
				submit an application on such forms and with supporting documentation as shall
				be required by the Office of Mental Health. Such application shall include an
				emergency services plan which complies with section
				590.7  of
				this Part and which, as approved, shall be the program and community plan for
				the licensed comprehensive psychiatric emergency program and an integral part
				of the certificate;
(2) frame and
				display the operating certificate within the comprehensive psychiatric
				emergency program in a conspicuous place which is readily accessible to the
				public;
(3) cooperate with the
				Office of Mental Health during any review, evaluation or inspection of the
				facility or program;
(4) make
				available to the Office of Mental Health upon request all documents, files,
				reports, patient records, accounting records or other materials required by
				this Part or requested by the Office of Mental Health in the course of
				visitation, audit or inspection;
(5) undertake changes in the operation of the
				hospital or program as required by the operating certificate; and
(6) obtain prior approval of the Office of
				Mental Health to:
(i) change the physical
				location of the program or utilize additional physical locations;
(ii) initiate major changes in the services
				provided by the program;
(iii)
				terminate the program or services in the program; and
(iv) change the powers or purpose set forth
				in the certificate of incorporation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.7 - Emergency service plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				comprehensive emergency service program must submit an emergency services plan
				which shall be approved by the Commissioner of Mental Health prior to the
				issuance of an operating certificate.
(b) The emergency services plan shall
				include:
(1) a description of the program's
				catchment area;
(2) a description
				of the program's psychiatric emergency services, including crisis intervention
				services, crisis outreach services, extended observation beds, and triage and
				referral services, whether provided directly or through written agreement with
				other providers of services;
(3)
				written agreements or affiliations with the host hospital and, if appropriate,
				other hospitals, as defined in section 1.03  of the Mental Hygiene Law, to receive
				and admit persons who require inpatient psychiatric services;
(4) written agreements or affiliations with
				the hospital and as appropriate with other general hospitals to receive and
				admit persons who have been referred by the comprehensive psychiatric emergency
				programs and who require medical or surgical care which cannot be provided by
				the comprehensive psychiatric emergency program;
(5) a description of the program's linkages
				with mental health, substance abuse, alcohol, intellectual and developmental
				disabilities, social services, peer counseling and self help services, State
				and local police agencies, emergency medical services, and ambulance services
				or other transportation agencies;
(6) written discharge criteria and guidelines
				for discharge planning for persons in need of post emergency treatment or
				services in accordance with the requirements set forth in section
				590.8 
				of this Part;
(7) a statement
				indicating that the program has been included in an approved local or unified
				service plan pursuant to article 41 of the Mental Hygiene Law for each local
				government located within the program's catchment area;
(8) the qualifications and duties of each
				staff position by title. Proposed staffing shall take into account the
				population to be served and the services provided, and shall include, at
				minimum, an adequate number of psychiatrists, registered nurses, licensed
				master and/or licensed clinical social workers, and security
				personnel;
(9) the rationale and
				justification for the specific number of extended observation beds which are
				being requested pursuant to section
				590.9(e) 
				of this Part. Hospitals are prohibited from operating extended observation beds
				above the approved number of beds which appear on the operating certificate of
				the program. In no case shall a comprehensive psychiatric emergency program
				operate more than six extended observation beds; and
(10) any other information or agreements
				required by the commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.8 - Admission and discharge procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each comprehensive psychiatric emergency program shall maintain admission and
				discharge criteria which are consistent with its goals and objectives, and
				which are subject to the approval of the Office of Mental Health. Each
				admission shall be in accordance with the provisions of section 9.40  of the Mental Hygiene Law and on the
				forms prescribed therefor.
(b)
				Admission and retention of individuals.
(1)
				Any person admitted into the emergency room of the comprehensive psychiatric
				emergency program must be examined by a staff physician as soon as practicable
				and in any event within six hours after being received into the emergency
				room.
(2) The director of the
				comprehensive psychiatric emergency program may, in accordance with section 9.40  of the Mental Hygiene Law,
				involuntarily receive and retain in an extended observation bed any person
				alleged to have a mental illness which is likely to result in serious harm to
				the person or others and for whom immediate observation, care and treatment in
				the comprehensive psychiatric emergency program is appropriate. Retention in an
				extended observation bed shall not exceed 72 hours, which shall be calculated
				from the time such person is initially received into the emergency room of the
				comprehensive psychiatric emergency program.
(3) No person may be involuntarily retained
				in a comprehensive psychiatric emergency program for more than 24 hours unless
				the person is admitted to an extended observation bed in accordance with
				section 9.40  of the Mental Hygiene Law.
(4) Any person with a need of medical or
				surgical care or treatment which cannot be provided in the comprehensive
				psychiatric emergency program, shall not remain in the comprehensive
				psychiatric emergency program for a period exceeding eight hours. Within eight
				hours such person shall be accepted by the host hospital or a hospital with an
				affiliation agreement pursuant to section
				590.7(b)(3) 
				of this Part for appropriate observation or treatment in accordance with
				applicable regulations of the Department of Health (10 NYCRR section 405.19
				).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.9 - Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				comprehensive psychiatric emergency program shall directly provide or ensure
				the provision of psychiatric emergency services, seven days per week, which
				shall include but not be limited to crisis intervention services in an
				emergency room, crisis outreach services, extended observation beds and triage
				and referral services as such terms as defined in section
				590.4  of
				this Part.
(b) Crisis intervention
				services shall be provided in the emergency room 24 hours per day, seven days
				per week and shall include psychiatric and medical evaluations and assessments
				which are used to determine the appropriateness of admission to and retention
				in the comprehensive psychiatric emergency program.
(1) Triage and referral services shall be
				performed as soon as practicable and in any event within six hours after an
				individual is admitted into the comprehensive psychiatric emergency program's
				emergency room.
(2) Full emergency
				visit services shall be performed as soon as is practicable after an individual
				is determined to need such services. If a triage and referral visit is not
				conducted, a full emergency visit must be initiated within six hours.
(3) In any case, an individual shall not be
				retained in the comprehensive psychiatric emergency program emergency room for
				more than 24 hours at which point they must be admitted to an extended
				observation bed or a psychiatric inpatient bed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.10 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A comprehensive
				psychiatric emergency program shall continuously employ an adequate number of
				staff and an appropriate staff composition to carry out its goals and
				objectives as well as to ensure the continuous provision of sufficient ongoing
				and emergency supervision. Each comprehensive psychiatric emergency program
				shall submit a staffing plan which includes the qualifications and duties of
				each staff position by title. The staffing plan and its rationale shall be
				subject to approval by the Office of Mental Health. The Office of Mental Health
				must be notified of and approve any long-term deviations from the approved
				staffing plan.
(b) An adequate
				proportion of the clinical staff hours shall be provided by full-time
				employees.
(c) The comprehensive
				psychiatric emergency program shall, at a minimum, employ the following types
				and numbers of staff:
(1) except as provided
				in subdivision (e) of this section, at least one full-time equivalent
				psychiatrist who is a member of the psychiatric staff of the program shall be
				on duty and available at all times;
(2) at least one full-time equivalent
				registered nurse shall be on duty at all times and shall be responsible for the
				supervision of the nursing care and treatment provided in the extended
				observation beds of the comprehensive psychiatric emergency program;
(3) at least one full-time equivalent
				licensed master social worker or licensed clinical social worker shall be on
				duty and available, at a minimum, during the day and evening hours;
(4) a sufficient number of security personnel
				shall be on duty and available at all times;
(5) at least one full-time equivalent
				credentialed alcoholism and substance use disorder counselor or clinical staff
				person with experience in the counseling or treatment of individuals with a
				substance use disorder shall be available or on call 24 hours a day;
(6) the extended observation beds component
				of the comprehensive psychiatric emergency program shall be staffed by at least
				one clinical staff person, who is supervised by the registered nurse supervisor
				indicated in paragraph (2) of this subdivision, 24 hours per day, seven days
				per week; and
(7) when providing
				crisis outreach at a site other than the emergency room of the comprehensive
				psychiatric emergency program at least two staff of the crisis outreach team,
				one of whom is a member of the professional staff, shall be present at all
				times.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.11 - Special treatment procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				No comprehensive psychiatric emergency program shall use restraint or seclusion
				without a written plan for the use of restraint or seclusion, as defined in
				section
				590.4  of
				this Part, which is in accordance with section
				526.4  of
				this Title.
(b) No comprehensive
				psychiatric emergency program shall use extraordinary risk procedures.
				Extraordinary risk procedures include, but are not limited to, experimental
				treatment modalities and aversive conditioning.
(c) No comprehensive psychiatric emergency
				program shall use electroconvulsive therapy.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.12 - Case records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				be a complete legible case record maintained for each patient admitted to a
				comprehensive psychiatric emergency program.
(b) The case record shall be available to all
				clinical staff of the comprehensive psychiatric emergency program who are
				participating in the treatment of the patient consistent with 45 C.F.R. parts
				160 and 164.
(c) All individuals
				receiving services from the comprehensive psychiatric emergency program must
				have a case record which, at a minimum, includes a presentation note which
				indicates:
(1) a brief description of the
				presenting problem, critical needs and overall conditions;
(2) a brief description of the care and
				treatment required to safely and effectively address the individual's needs
				during the initial period after admission; and
(3) a brief description of the comprehensive
				psychiatric emergency program's attempts to contact collaterals.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.13 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				comprehensive psychiatric emergency program and any satellite facility shall
				maintain premises adequate and appropriate for the safe and effective operation
				of the program.
(b) The space
				provided shall be both adequate and appropriate for:
(1) the maintenance of privacy for interviews
				between staff members and persons served;
(2) the comfort and convenience of those
				waiting for and receiving services. No individual waiting for or receiving
				services may be placed in a hallway or other area not approved by the Office of
				Mental Health as a waiting or treatment area;
(3) accommodation of routine activities and
				regularly used equipment;
(4)
				controlled access to, and maintenance of, case records; and
(5) applicable Federal standards for space
				requirements which are necessary to assure continued receipt of Federal
				reimbursement for care and services provided in the comprehensive psychiatric
				emergency program or the host hospital.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 590 - Operation Of Comprehensive Psychiatric Emergency Programs › Section 590.14 - Statistical records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Such statistical information shall be prepared and maintained as may be
				necessary for the effective operation of the comprehensive psychiatric
				emergency program and as may be required by the Office of Mental
				Health.
(b) 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.
(c) Statistical reporting shall be the
				responsibility of an individual whose name and title shall be made 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 591 - Medical Assistance Payments For Comprehensive Psychiatric Emergency Programs › Section 591.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes standards for the reimbursement of
				  comprehensive psychiatric emergency programs under the Medical Assistance
				  Program. Comprehensive psychiatric emergency programs must comply with the
				  requirements of Part 590 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 591 - Medical Assistance Payments For Comprehensive Psychiatric Emergency Programs › Section 591.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 7.09 (b), 7.15 and 31.04 (a)  of the Mental Hygiene Law give the commissioner the
				power and responsibility to plan, establish and evaluate programs and services
				for the benefit of persons 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 and others.
(c) Section 31.27  of the Mental Hygiene Law gives the
				commissioner the authority to establish and license comprehensive psychiatric
				emergency programs.
(d) Section 43.02  of the Mental Hygiene Law provides
				that payments under the Medical Assistance Program for services at facilities
				licensed by the Office of Mental Health shall be at rates certified by the
				Commissioner of Mental Health and approved by the Director of the
				Budget.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 591 - Medical Assistance Payments For Comprehensive Psychiatric Emergency Programs › Section 591.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Crisis outreach
				means face to face psychiatric emergency services provided outside an emergency
				room setting which includes clinical evaluation, assessment and stabilization
				services. Crisis outreach services include but are not limited to therapeutic
				communication, coordination with identified supports, psychiatric consultation,
				safety planning, referral, linkage, peer services. Crisis outreach services may
				be provided outside the emergency room of the hospital, in the community or in
				other clinical areas within the hospital, for purposes of face to face visits
				with individuals discharged from the comprehensive psychiatric emergency
				program. Crisis outreach does not have to result in a visit or admission to the
				comprehensive psychiatric emergency program. For individuals discharged from
				the comprehensive psychiatric emergency program, crisis outreach includes face
				to face contact with a mental health professional for purposes of facilitating
				an individual's community tenure prior to engagement or re-engagement with
				community-based providers.
(b) Full
				emergency visit means a face-to-face interaction between a patient and a
				psychiatrist and other clinical staff as necessary to determine a patient's
				current psychosocial and medical condition. It must include a psychiatric or
				mental health diagnostic examination; psychosocial assessment; and medical
				examination; which results in a comprehensive psychiatric emergency treatment
				plan and a discharge plan when comprehensive psychiatric emergency program or
				services are completed. It may include other examinations and assessments as
				clinically indicated by the patient's presenting problems. Full emergency
				visits should be provided to patients whose presenting symptoms are initially
				determined to be serious and where the clinical staff determine commencement of
				treatment should begin immediately, and/or where staff are evaluating a person
				for retention in an extended observation bed or admission to a psychiatric
				inpatient unit.
(c) Medical
				examination means an examination conducted as part of a comprehensive
				psychiatric emergency program's full emergency visit, conducted by an
				appropriately credentialed professional employed by the comprehensive
				psychiatric emergency program or emergency department. Such medical examination
				shall include:
1. A History and Physical
				including, but not limited to:
a. past medical
				history,
b. review of systems
				(physical systems),
c. review of
				medications and allergies, and
d.
				assessment of vital signs.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 591 - Medical Assistance Payments For Comprehensive Psychiatric Emergency Programs › Section 591.4 - Standards pertaining to reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The comprehensive psychiatric emergency
				program must have a valid operating certificate.
(b) The staff and services must conform with
				the requirements of Part 590 of this Title.
(c) The written records of the reimbursed
				unit of service, including presentation log, case records and discharge plans
				and summaries, as appropriate, must conform with the requirements of Part 590
				of this Title.
(d) A patient may
				receive one triage and referral visit or one full emergency visit service in
				one calendar day. If a patient receives one of each, the comprehensive
				psychiatric emergency program shall receive reimbursement for the full
				emergency visit.
(e) A patient may
				receive one crisis outreach visit and either one triage and referral visit or
				one full emergency visit in one calendar day.
(f) A patient may receive crisis outreach
				services for a period of time that allows for linkage to services after
				discharge from the emergency room of the comprehensive psychiatric emergency
				program.
(g) In any calendar day
				comprehensive psychiatric emergency services reimbursed pursuant to this Part
				shall not be included in the limitation on the number of reimbursed services
				included in Part 588 of this Title.
(h) The services provided in a
				medical/surgical emergency setting for comorbid conditions shall be separately
				reimbursed.
(i) The standards of
				reimbursement included within this Part shall be in effect as long as continued
				Federal financial participation is assured.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				establishes standards for reimbursement under the medical assistance program
				for community rehabilitation services provided by residential programs for
				adults with mental illness and children and adolescents with serious emotional
				disturbance.
(b) This Part
				establishes standards for service planning and review for programs receiving
				reimbursement under the medical assistance program for the provision of
				community rehabilitation services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.2 - 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 the power and responsibility 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) Section 43.02 (a) and (b)  of the
				Mental Hygiene Law gives the commissioner the authority to request operators of
				facilities licensed by the Office of Mental Health to submit financial,
				statistical and program information as the commissioner may determine to be
				necessary.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any provider of service, licensed pursuant to Part 594 or Part 595
				of this Title, which proposes to operate a residential program for adults with
				mental illness and/or children or adolescents with serious emotional
				disturbance.
(b) This Part does not
				apply to the operation or proposed operation of a proprietary
				program.
(c) This Part does not
				apply to the operation or proposed operation of service-enriched single room
				occupancy program.
(d) This Part
				does not apply to the operation or proposed operation of congregate type
				residential programs for adults of greater than 16 beds.
(e) The standards of reimbursement in section
				593.7  of
				this Part shall be in effect as long as continued Federal financing
				participation is assured.
(f) This
				Part does not apply to crisis residence programs.
(g) This Part does not apply to the operation
				of a community residence for eating disorder integrated treatment (CREDIT)
				program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.5 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				order to receive reimbursement for community rehabilitation services pursuant
				to this Part, each program operated by a provider of service shall have a valid
				operating certificate issued by the Office of Mental Health as well as a
				contract to provide services.
(b)
				Reimbursement shall be made only for community rehabilitation services provided
				to individuals who have been authorized in writing as set forth in section
				593.6 
				of this Part to receive community rehabilitation services provided by a
				licensed residential program. Such individuals must have a severe and
				persistent mental illness or, for children and adolescents, serious emotional
				disturbance, as defined by the commissioner in the Office of Mental Health's
				Annual Statewide Comprehensive Plan for Mental Health Services developed
				pursuant to section 5.07  of the Mental Hygiene Law. Community
				rehabilitation services are delineated in section
				593.4(b) and
				(c)  of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.6 - Service authorization and planning requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to receive reimbursement for the
				provision of community rehabilitation services to an individual, the provider
				of service must ensure that the individual has been authorized in writing by a
				physician, prior to or upon admission, to receive services as provided by the
				program. The written authorization must be retained as a part of the
				individual's case record. The physician's authorization must:
(1) be based upon appropriate clinical
				information and assessment of the individual. The initial authorization must
				include a face-to-face assessment;
(2) delineate the maximum duration of the
				authorization to receive such services; and
(3) specify that the individual is in need of
				community rehabilitation services as defined in section
				593.4(b) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.7 - Reimbursement standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order
				to receive reimbursement for the provision of community rehabilitation
				services, each individual must have a service plan which documents the delivery
				of appropriate community rehabilitation services which have been authorized by
				a physician, or reauthorized pursuant to section
				593.6(b) 
				of this Part.
(b) Reimbursement
				will be based upon monthly and half-monthly rates. Such rates shall be paid
				based upon a minimum number of face-to-face contacts between an eligible
				resident of a program and a staff person of an approved provider of community
				rehabilitation services, subject to the following provisions:
(1) A full monthly rate will be paid for
				services provided to an eligible resident in residence for at least 21 days in
				a calendar month, who has received at least four contacts with a staff person
				of the program. For a teaching family home program, a youth shall have received
				at least 11 contacts, at least three of which must be provided by authorized
				program staff other than the teaching parents. At least four different
				community rehabilitative services must have been provided.
(2) A half monthly rate will be paid for
				services provided to an eligible resident in residence for at least 11 days in
				a calendar month, who has received at least two contacts with a staff person of
				the program. For a teaching family home program, a youth shall have received at
				least six contacts, at least two of which must be provided by authorized
				program staff other than the teaching parents. At least two different community
				rehabilitation services must have been provided.
(3) Only one contact can be counted each day
				and such contact shall be at least 15 minutes in duration.
(4) For reimbursement purposes, a contact
				shall involve the performance of at least one of the services indicated in the
				resident's current service plan.
(5) A reimbursable contact may occur at or
				away from the program, except that a reimbursable contact may not occur at the
				site of a licensed mental health outpatient program as such programs are
				described in Part 587 of this Title, nor when the otherwise eligible resident
				is an inpatient of any hospital for any reason or temporarily residing in any
				other licensed residential facility.
(6) Reimbursement for contacts provided under
				this program shall not be limited in any way by reimbursement for visits under
				any outpatient program licensed by the Office of Mental Health on the same day
				or reimbursement for visits provided by any comprehensive Medicaid case
				management program approved 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 593 - Medical Assistance Payments For Community Rehabilitation Services Within Residential Programs For Adults And Children And Adolescents › Section 593.8 - Enforcement of service planning and reimbursement standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office of Mental Health may review
				any program which receives reimbursement pursuant to this Part to determine
				whether such program is in compliance with this Part or other requirements
				established by State or Federal agencies.
(b) A provider of services shall exercise due
				diligence in complying with the requirements of this Part. Due diligence means
				the exercise of reasonable and appropriate efforts to ensure that reimbursement
				is sought only for authorized services and that the service planning and review
				process is implemented pursuant to section
				593.6 
				of this Part.
(c) To facilitate
				determinations as to whether providers are exercising the requisite due
				diligence, the Office of Mental Health may develop and maintain profiles of
				performance of providers of service which shall permit comparison of providers
				of service.
(d) If, based on a
				review of profiles of performance and such additional information as may be
				available, the Office of Mental Health determines that a provider of service is
				not exercising due diligence, the Office of Mental Health shall give notice of
				the deficiency to the provider of service and may also initiate the following:
(1) request that the provider of service
				prepare a plan of correction, which shall be subject to approval by the Office
				of Mental Health; and
(2) provide
				such technical assistance as the Office of Mental Health deems necessary to
				assist the provider of service in developing and implementing an appropriate
				plan of correction.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances › Section 594.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				purpose of these regulations to establish standards which secure the right of
				children and youth identified as having serious emotional disturbance to be
				treated within a family-like setting. Although treatment within an individual's
				family is preferable, when this is not possible, alternative types of
				residential settings must be made available to meet the treatment needs of
				children and youth identified as having a serious emotional disturbance. These
				settings should strive to provide services in an individualized,
				family-centered, community-based manner.
(b) It is the purpose of these regulations to
				establish standards for licensed housing programs which provide residential
				treatment alternatives for children and youth who require such treatment in
				this setting due to a serious emotional disturbance. This Part sets forth
				standards for licensed housing for three types of residential options: teaching
				family homes, community residences, (including the Community Residence for
				Eating Disorder Integrated Treatment "CREDIT" Program), and crisis
				residences.
(c) It is the intent of
				the Office of Mental Health to establish residential treatment options which
				have as their primary goal the return of children and youth to a permanent
				family-like setting and to prepare the children and youth for successful
				independent living as appropriate. Such programs shall also provide support to
				the family which includes education and counseling relating to the child's
				mental health disability, collaborative techniques in supporting the child's
				emotional and maturational development, and community resources to support the
				successful return of the child to his/her home community and family. In
				addition, it shall be the mission of each residential option to provide a safe
				environment which ensures protection from harm, abuse, and neglect; to
				encourage emotional, intellectual and physical growth; and to ensure that
				individualized treatment is provided with sensitivity to cultural and ethnic
				considerations.
(d) It is the
				intent of the Office of Mental Health to establish residential treatment
				options which provide rehabilitation services and treatment for children and
				youth that result in outcomes of successful functioning and integration into
				the family, community, school or independent living situations and vocational
				opportunities as appropriate. Such services shall be provided in consideration
				of a child's developmental stage with careful attention to individual
				strengths, needs and desires throughout the process of rehabilitation and
				skills development.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances › Section 594.2 - 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/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 with mental illness pursuant to an operating certificate.
(b) Section 31.02  of the Mental Hygiene Law prohibits
				any individual, association, corporation or public or private agency from
				operating a residential facility for the care, treatment, rehabilitation or
				training of persons with mental illness unless an operating certificate has
				been obtained from the Commissioner of Mental Health.
(c) Sections 31.05, 31.07, 31.09, 31.11 and
				31.19  of the Mental Hygiene Law authorize
				the commissioner or his or her representative to examine and inspect such
				facilities to determine their suitability and operation. Sections 31.15 and
				31.17  of the Mental Hygiene Law authorize
				the commissioner to suspend, revoke or limit any operating
				certificate.
(d) Section 31.25  of the Mental Hygiene Law requires
				that the Commissioner of Mental Health establish, pursuant to regulation,
				licensed residential providers of treatment and/or supportive services to
				individuals with eating disorders.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances › Section 594.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to the operation or proposed operation of a licensed housing program,
				including teaching family home, crisis residence, and community residence
				programs, including Community Residence for Eating Disorder Integrated
				Treatment (CREDIT) programs, for children and adolescents licensed pursuant to
				article 31 of the Mental Hygiene Law.
(b) This Part applies to the operation or
				proposed operation of a State-operated licensed housing program for children
				and adolescents.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances › Section 594.5 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operating
				certificate, valid for a period not to exceed three years, will be issued to
				housing programs which comply with the requirements stated in this
				Part.
(b) Pursuant to Part 551 of
				this Title, applications for new operating certificates shall be submitted to
				the Office of Mental Health on required forms in accordance with the
				instructions therein. The application shall state the type of housing program
				and shall include a functional program which describes in detail the required
				information as prescribed pursuant to section
				594.7  of this
				Part. A single application for each program shall be submitted.
(c) Renewal applications shall be submitted
				to the Office of Mental Health on required forms in accordance with the
				instruction therein. Requests for recertification should be submitted to the
				Office of Mental Health at least three months prior to the expiration of the
				existing operating certificate.
(d)
				The operating certificate shall be available to be shown to anyone requesting
				to see it.
(e) All operating
				certificates shall remain the property of the Office of Mental Health, and
				expired, invalidated, revoked or terminated certificates shall be returned to
				the Office of Mental Health.
(f) No
				operating certificate is transferable.
(g) The certified capacity of any residence
				shall not be exceeded at any time.
(1)
				Teaching family homes shall have a maximum certified capacity of
				four.
(2) Children's community
				residences, (including CREDIT programs) and crisis residences shall have
				maximum certified capacities of eight. If bedroom space is adequate, capacity
				may be increased by one for respite purposes.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances › Section 594.7 - Functional program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A functional
				program will be developed and submitted with the provider's application for
				certification. The functional program shall, at a minimum, include:
(1) a description of the agency mission,
				admission and discharge criteria and the description of the population to be
				served;
(2) a description of the
				program's treatment philosophy including values and objectives specifically
				addressing the issues of resiliency and recovery in a strength-based,
				family-driven, trauma-sensitive environment;
(3) a description of the specific service
				needs of the defined target population;
(4) a description of the existing service
				system, including, but not limited to, mental health, health, social,
				education, vocational, and other support services;
(5) a description of the residents'
				utilization or non-utilization of the existing service system and the rationale
				for such service use patterns;
(6)
				a description of the gaps in service to the population to be served and the
				plan to provide or ensure the provision of such services;
(7) a description of the rehabilitative and
				treatment service methods used to promote successful functioning and
				integration of residents into family, community, school, employment and
				independent living;
(8) a
				description of the goals and anticipated outcomes of the program, including the
				anticipated average length of stay for residents;
(9) a description of the provider's role, if
				any, in providing a crisis bed capacity within the geographical area;
(10) a description of the proposed staffing
				pattern, including job descriptions and qualifications, number of full-time
				equivalent employees for each position, the supervisory structure and staffing
				schedule. Such description shall be in the form of a staffing plan;
(11) a description of the services to be
				offered to families to strengthen positive relationships between youth and
				families and promote reintegration into the family, as appropriate, including
				the utilization of family input and involvement in the treatment planning
				process; and
(12) a description of
				the steps to be taken to contact and to work with the youth's community school
				to assist and support an effective educational/vocational program for the
				youth.