reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.2 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the power to adopt rules and regulations which are necessary and
				proper to implement any matter under his or her jurisdiction.
(b) Section 29.01  of the Mental Hygiene Law empowers
				the commissioner to make regulations governing admissions of individuals with
				developmental disabilities to facilities for the residential care, treatment,
				training or education of the individuals with developmental disabilities for
				which the commissioner has issued an operating certificate.
(c) Section 16.00  of the Mental Hygiene Law authorizes
				the commissioner to issue regulations governing the operation of programs and
				the provision of services for persons with developmental
				disabilities.
(d) Section 16.03  of the Mental Hygiene Law requires
				an operating certificate issued by the commissioner for operation of any part
				of a general hospital for the purpose of providing residential or
				nonresidential services for the people with developmental disabilities. This
				section also prohibits any provider of service from engaging in the operation
				of a residential facility for the care, custody and treatment of the people
				with developmental disabilities without an operating certificate issued by the
				commissioner.
(e) Section 16.01  of the Mental Hygiene Law authorizes
				the commissioner to issue regulations governing the uniform definition of
				services, uniform standards of comparable services and programs, uniform
				financial reporting procedures, uniform clinical reporting procedures; and
				uniform requirements for the generation of data for persons receiving services
				under the auspices of the Office for People With Developmental
				Disabilities.
(f) Section 31.04  of the Mental Hygiene Law authorizes
				the commissioner to adopt regulations establishing classes of operating
				certificates. Furthermore, this section authorizes the commissioner to adopt
				regulations establishing procedures for the issuance, amendment and renewal of
				operating certificates. This section also authorizes the commissioner to adopt
				regulations setting standards of quality and adequacy for facilities,
				equipment, personnel, records, services and programs pursuant to an operating
				certificate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialty
				hospital, either as a separate facility or distinct part (see section
				680.13  of
				this Part) of a general hospital, shall have a valid operating certificate
				issued by New York State OPWDD.
(b)
				A specialty hospital shall meet the requirements of the State Health Code
				(Title 10, Vol. C, NYCRR) for the following areas:
(1) Section 400.7 -Facility participation in
				title XVIII program.
(2) Section
				400.9 -Transfer and affiliation agreements.
(3) Section 405.1(b) -Construction
				standards.
(4) Section 405.3
				-Environmental health.
(5) Section
				405.6 -Physician's assistants and specialist's assistants.
(6) Section 405.11 -Dietary.
(7) Section 405.12 -Laboratories.
(8) Section 405.14 -Psychiatric
				services.
(9) Section 405.19
				-Central supply service.
(10)
				Section 405.25 -Accounting and reporting.
(11) Section 405.1022 -Physical
				environment.
(12) Section 405.1023
				-Medical staff.
(13) Section
				405.1026 -Medical records department.
(14) Section 405.1028
				-Laboratories.
(15) Section
				405.1029 -Radiology.
(16) Section
				405.1030 -Medical library.
(17)
				Section 405.1031 -Complementary departments.
(18) Section
				700.3 
				-Applicability of other laws, codes, rules and regulations.
(19) Section
				700.5 
				-Contracts.
(20) Section
				700.6 
				-Statement or bills for health services.
(21) Section
				700.8 
				-Facility participation in title XXIII program.
(22) Section
				702.2 
				-Housekeeping.
(23) Section
				702.3 
				-Fire and safety.
(24) Section
				702.4 
				-Infection control and reporting.
(25) Section
				702.5 
				-Linen and laundry.
(26) Section
				702.6 
				-Animals.
(27) Section
				702.7 
				-Emergency and disaster preparedness (limited to internal disasters
				only.
(28) Section 720-Hospital
				operationmaximum standards.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.5 - Admission criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only
				individuals whose needs can be met by the specialty hospital shall be admitted
				to it. The number admitted shall not exceed the specialty hospital's certified
				capacity to provide adequate programming.
(b) All admissions to the specialty hospital
				shall require the prior approval of the commissioner. Request for such prior
				approval shall be submitted on the forms and in the format acceptable to the
				commissioner and shall document that all admission criteria and procedures have
				been met. The commissioner shall process all such requests for prior approval
				without undue delay.
(c) A
				specialty hospital shall admit only individuals with developmental disabilities
				who have a diagnosis of intellectual disability, autism, cerebral palsy,
				epilepsy or neurological impairment; and who manifest at least one severe
				deficit in adaptive behavior (see section
				680.13  of
				this Part). Such individual's developmental disability must have originated
				before the individual's 22nd birthday. In addition, such individuals shall
				manifest a health care problem which requires more than three hours of daily
				individualized attention from health care staff (see section
				680.13).
(d) Individuals admitted to a
				specialty hospital shall require simultaneous assessment or treatment for their
				health care needs and structured programming for their developmental
				disabilities. A specialty hospital covered under this regulation shall admit
				only individuals who have had a comprehensive assessment (see section
				680.13) 
				within the 90 days prior to admission. This assessment shall have identified
				both the individual's developmental disability (ies) and health care needs
				which will require more than three hours of daily individualized attention from
				health care staff. In addition, there shall be an identification of the
				specific service(s) required by the individual in terms of type and frequency
				and a declaration of the service outcomes to be achieved which are congruent
				with the conditions necessitating admission. A current individual program plan
				developed by a State developmental center for the individual within the 90 days
				prior to admission is considered as complying with this requirement. However,
				prior admission to a developmental center shall not be a requirement for
				eligibility for a specialty hospital.
(1)
				This requirement may be waived in an emergency situation which poses a danger
				of death or irreversible disability to the individual. However, in such
				instances, the condition necessitating the emergency admission must be
				identified and assessed prior to admission.
(2) In an emergency admission situation, the
				comprehensive assessment shall be completed within 15 calendar days of
				admission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.7 - Specialty hospital services (see section 680.13 of this Part)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The specialty
				hospital shall provide or ensure provision of a planned combination of medical
				treatment and active programming through the use of preventive, habilitative
				and rehabilitation programs (see section
				680.13).
				These programs shall be divided into the following categories:
(1) Mandatory (see section
				680.13).
				Those services which are required for every individual on a daily
				basis.
(2) Selective (see section
				680.13).
				Those services which are available at all times in the specialty hospital, and
				required for some individuals in the manner and frequency prescribed by the
				person's individual program plan.
(3) Combination. Those mandatory and
				selective services which are combined to provide preventive, habilitative and
				rehabilitative programs in medical treatment and active programming in a
				concerted effort to reduce the health care problems which necessitated the
				individual's admission to the specialty hospital.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.9 - Utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each agency
				operating a specialty hospital shall have a utilization review committee and a
				written utilization review plan for evaluation of the need for services
				provided to individuals. The utilization review committee and the utilization
				review plan shall comply with the following minimum requirements:
(1) Committee composition.
(i) The utilization review committee shall be
				composed of professionals (as defined in section
				680.13  of
				this Part), including at least:
(a) two
				physicians;
(b) other professional
				staff (as described in section
				680.13) who
				are representatives of the disciplines in the specialty hospital.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.10 - Individual rights and protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No individual who resides in a specialty
				hospital shall be deprived of any civil or legal right guaranteed to all
				citizens solely because of a diagnosis of developmental disability. All
				individuals shall be given the respect and dignity that is extended to every
				person regardless of race, religion, national origin, creed, sex, ethnic
				background or disability.
(b) The
				specialty hospital shall protect the rights of each individual as prescribed by
				the commissioner and regulations of OPWDD.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.11 - Physical environment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Issuance
				of an operating certificate by OPWDD shall be dependent upon the facility
				meeting environmental standards prescribed by the Department of Health for
				medical treatment and health-related services which are provided to individuals
				whether or not they have a developmental disability.
(b) A waiver may be obtained from OPWDD for
				requirements of medical and health-related services which are not appropriate
				to the individuals served or are provided through a contractual agreement by
				another agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.13 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Active
				programming.
An active and organized effort to maximize each individual's
				  development and well-being. It has as its goals improved health, skills, habits
				  and attitudes necessary for independent living. This requires an integrated,
				  individually tailored plan of programs and services directed toward achieving
				  measurable goals and objectives for the person in an environment approximating
				  as closely as possible that of others who do not have disabilities.
Active programming
includes:
(1) a comprehensive annual assessment of the
				individual conducted by the interdisciplinary team. This comprehensive
				assessment is based on discipline-specific assessments and includes an analysis
				of the individual's developmental disability and skills and deficits in all
				areas of adaptive behavior;
(2)
				preparation of a written comprehensive individual program plan which includes a
				series of service plans that set forth:
(i)
				measurable goals;
(ii) behaviorally
				stated objectives; and
(iii) an
				integrated program of individually designed activities, experiences or
				therapies necessary to achieve such goals and objectives;
(3) regular participation by the individual,
				in accordance with the written individual program plan, in professionally
				developed and supervised programs, activities, experiences and/or therapies,
				defined herein as mandatory and selective services; and
(4) quarterly review of the individual's
				program plan by the staff involved in carrying out the plan. This includes
				review of the individual's progress toward meeting the plan objectives, the
				appropriateness of the individual program plan and consideration of benefits of
				alternate methods of care.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 680 - Specialty Hospitals › Section 680.14 - Vaccination Procedures for the Control of COVID-19

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions
(1) "Fully Vaccinated" means that 14 days or
				more have passed since the person received either the second dose of vaccine in
				a 2-dose series or a single dose vaccine.
(2) "Personnel" shall mean all persons
				employed or affiliated with a Specialty Hospital, whether paid or
				unpaid.
(3) "Specialty Hospital"
				means a facility operated or certified by OPWDD as defined by 14 NYCRR §
										680.13(be) 
				and which is governed by 14 NYCRR Part 680.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 681 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 681.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the
				effective date of this section [March 15, 1989], OPWDD (see glossary, section
				681.13 
				of this Part) will utilize the requirements contained in   42 CFR 483,   42 CFR 456 
				 and Parts 624 and 633 of this Title as the primary basis for issuing an
				operating certificate pursuant to article 16 of the Mental Hygiene Law in the
				class of facility known as intermediate care facility for individuals with
				intellectual disabilities. Where CFR 483 is more restrictive than Part 624 or
				633, it shall be controlling.
(b)
				The Federal requirements referenced in subdivision (a) of this section are
				section 42 CFR 483 as published in the June 3 edition of the
Federal
				Register
(vol. 53, pages 20494-20505) and section 42 CFR 456,
Utilization Control for Intermediate Care Facilities;
46 CFR
				(page 48561) published October 1, 1981 and as amended at 50 CFR (page 33034)
				published August 16, 1985. They are available from the United States Government
				Printing Office, Superintendent of Documents, Washington, DC 20402.
(c) The Federal requirements referenced in
				subdivision (a) of this section are also available and may be reviewed in
				person during regular business hours at the:
(1) New York State Department of State, 99
				Washington Avenue, Albany, NY 12231; or by appointment at the:
(2) New York State Office for People with
				Developmental Disabilities, Public Information Office, 44 Holland Avenue,
				Albany, NY 12229.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 681 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 681.3 - Issuance of operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An intermediate care facility may be
				operated under voluntary, proprietary or public auspices.
(b) An application for an initial operating
				certificate or for renewal of an existing operating certificate shall be
				submitted in the format and subject to the review procedures, prescribed by
				OPWDD.
(c) Each intermediate care
				facility with four to fourteen beds shall be considered a community residential
				facility as defined in section 41.34  of the Mental Hygiene Law. Any such
				facilities which are new shall be located in accordance with procedures
				described in that section. Existing community residences which meet the
				requirements herein for intermediate care facilities need not repeat such
				procedures.
(d) An operating
				certificate valid for a period not to exceed three years will be issued to each
				intermediate care facility which complies with the requirements stated in this
				Part and in all other applicable State and Federal requirements.
(e) No intermediate care facility may be
				operated without a valid operating certificate issued to the sponsoring agency
				(see glossary, section
				681.13 
				of this Part) by OPWDD.
(f) The
				current operating certificate shall be kept on file in the intermediate care
				facility and shall be shown to anyone requesting to see it.
(g) The certified capacity of the
				intermediate care facility shall not be exceeded at any time.
(h) The certificate holder shall obtain prior
				approval from OPWDD to:
(1) change the
				address of physical location of the intermediate care facility or utilize
				additional physical locations or premises or parts of premises;
(2) initiate any changes in the overall
				provision of services; or
(3)
				change the certified residential capacity of the inter mediate care
				facility
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 681 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 681.10 - Buildings and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				[
Reserved
]
(b)
Additional design and space considerations applicable to SRU's as
				identified in section
				681.1(f) 
				of this Part.
(1) Small residential
				units shall be designed with outward appearances comparable to typical
				single-family residences. If more than one SRU is constructed on a single piece
				of State-owned land, the placement of such facilities shall be consistent with
				local zoning requirements and surrounding home placements.
(2) Persons served in such facilities shall
				participate in community-based day and recreational programs. Exceptions to
				this requirement may only be made for documented need of the person based on
				the annual review, and approval of the commissioner.
(3) Special attention shall be given in the
				design of these facilities so that they are fully accessible in all features
				and equipment to persons with physical disabilities.
(4) To the extent practicable, SRU's shall be
				physically separate from existing developmental center buildings and not in
				close proximity to other SRU's. Thus, siting of these facilities shall be on
				public roads bordering the community at large to ensure that the facilities are
				distant and unrelated to the developmental center.
(5) The maximum allowable capacity shall be
				no more than 12 beds. Lower SRU capacities shall be designed for whenever
				feasible.
(6) Small residential
				units shall be operated using their own support services and shall, whenever
				possible, obtain those support services from resources in the community at
				large.
(7) Landscaping
				considerations shall be incorporated into the overall design of each facility
				so as to promote community integration.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 681 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 681.14 - Rate setting for intermediate care facilities for persons with developmental disabilities (ICF/DD)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rates of
				reimbursement for intermediate care facilities for persons with developmental
				disabilities (ICF/DD), other than those operated by OPWDD, shall be determined
				in accordance with Title 10 NYCRR Part 86-11. The rates of payment made for
				services rendered to title XIX recipients established in accordance with the
				methodology contained in 10 NYCRR Part 86-11 shall be contingent upon Federal
				financial participation (FFP) and approval.
(b)
Reporting requirements.
Each provider shall submit reports in accordance with the
				  requirements of Subpart 635-4 of this Title.
(c)
Rate setting.
(1) Units of service.
(i) A unit of service is the unit of measure
				denoting lodging and services rendered to one individual between the
				census-taking hours of the facility on two successive days; the day of
				admission but not the day of discharge shall be counted. One unit of service
				shall be counted if the individual is discharged on the same day the consumer
				is admitted, providing there was an expectation that the admission would have
				at least a 24-hour duration.
(ii)
				Reserve bed days determined in accordance with subdivision (i) of this section
				and 18 NYCRR 505.9 are units of service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 681 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 681.99 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Administrator.
The person designated by the governing body to be responsible
				  and accountable for the daily operation of the intermediate care facility. The
				  administrator shall be:
(1) a
				qualified intellectual disability professional as defined in  42 CFR part 483
				 with a minimum of two years of administrative experience in a program for
				people with developmental disabilities;
(2) a person licensed by the State of New
				York as a nursing home administrator; or
(3) a person with at least a bachelor's
				degree in administration if the administrative staff of the intermediate care
				facility includes a person meeting the qualifications described in either
				paragraph (1) or (2) of this subdivision.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to all facilities in the community residence class that are certified
				by the Office for People With Developmental Disabilities, hereinafter referred
				to as OPWDD (see glossary, section
				686.99  of
				this Part).
(b) In every instance
				in this Part, the terms,
people, person/persons,
or
individual/individuals
shall refer to those who have met the
				admission criteria for a community residence and who have been
				admitted.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.3 - General purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) A
				community residence shall provide an environment that ensures individual's
				rights, promotes freedom of movement, and increases opportunities for
				individuals to make decisions and to participate in regular community
				activities consistent with their needs and capability. A community residence
				shall allow for the maximum level of independence consistent with an
				individual's disability and functional level.
(2) A community residence shall be a home for
				individuals that is safe, comfortable and clean.
(3) A community residence, through both staff
				and individual activities, shall endeavor to become an integral part of the
				neighborhood and community. Individuals of a community residence shall be
				encouraged to become participating members of the community in which they live.
				Accordingly, community residence staff are responsible for facilitating access
				to the appropriate community resources. The range of opportunities shall be
				sufficiently variable to meet the needs and interests of all individuals, and,
				wherever possible, utilize the same community resources as used by persons who
				do not have disabilities.
(4)
				Individuals of a community residence are to be integrated into a total service
				system. Community residences exist within a continuum of residential
				opportunities for persons who have a diagnosis of developmental disability (see
				glossary, section
				686.99  of
				this Part). Being part of a continuum allows individuals to access alternative
				levels of care as their needs change.
(5) Except as provided in paragraph (6) of
				this subdivision, a community residence shall be issued an operating
				certificate that indicates the maximum certified capacity (see glossary,
				section
				686.99  of
				this Part) as follows:
(i) A supervised
				community residence shall be issued an operating certificate for no more than
				14 individuals. The certified capacity shall not be exceeded without
				notification within 24 hours to OPWDD, at which time the conditions relative to
				the temporary increase in capacity shall be discussed and agreement
				reached.
(ii) A supportive
				community residence shall be issued an operating certificate for no more than
				four individuals, and shall be certified on an address-specific basis. The
				certified capacity shall not be exceeded without the prior approval of
				OPWDD.
(6) A community
				residence which, on the effective date of this Part, has a certified capacity
				in excess of those stated in paragraph (5) of this subdivision shall continue
				to be issued an operating certificate for that capacity pursuant to this Part,
				provided that the community residence is in compliance with this Part. The
				certified capacity shall not be exceeded without the prior approval of
				OPWDD.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.5 - Governance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				Each agency operating one or more community residences shall have a governing
				body (see glossary, section
				686.99  of
				this Part).
(2) Unless a governing
				body is broadly representative of the community (see glossary, section
				686.99  of
				this Part) in which a community residence is located, the agency shall have a
				community advisory board composed of at least residents of the neighborhood in
				which the residences are located and persons from the community residences. As
				a matter of State policy, all OPWDD-operated community residences shall have at
				least an agency-wide community advisory board. A community advisory board shall
				have at least the following functions:
(i) to
				organize itself, elect officers and direct its activities;
(ii) to advise the residence managers and the
				governing body with regard to the operation of the community
				residences;
(iii) to assist persons
				living in the community residences to be integrated into the community in which
				the facilities are located;
(iv) to
				assist neighborhoods to accept the persons living in the community residences
				as neighbors; and
(v) to have
				advisory responsibilities during at least the first full year of operation of
				the community residence.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.6 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				Each supervised community residence shall have a residence manager who is
				appointed in accordance with agency/facility personnel policies and who, at a
				minimum, has been awarded a high school diploma or its equivalent and has one
				year of employment experience (see glossary, section
				686.99  of
				this Part) with persons with developmental disabilities.
(i) The residence manager shall be
				responsible for the continuous direction and day-to-day operation of that
				residence.
(ii) Pursuant to
				agency/facility policy, the residence manager may be designated as the person
				responsible for the coordination of a person's plan of services (see glossary,
				section
				686.99  of
				this Part). If the residence manager is not the designated coordinator, another
				staff person shall be designated as having that responsibility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.7 - Program for supervised community residences

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) Supervised and supportive community
				residences shall provide a plan of services developed and delivered in
				accordance with the requirements of Part 671 of this Title.
(2) Admission to a supervised residence shall
				be based primarily on the applicant having a diagnosis of a developmental
				disability (see glossary, section
				686.99  of
				this Part) and that his/her need for supervision and services can adequately be
				met.
(3) Clinical services
				delivered by appropriately qualified parties, including assessment, direct
				service, and the supervision and training of others providing services
				oversight at the residence, shall be provided in accordance with each person's
				need. Such services also include, but are not limited to, determining the
				appropriateness of admission and continued need for service, and providing
				service delivery at the residence. Clinical services delivered directly by the
				residence are limited to those provided by parties in the professional titles
				identified in section
				686.13 
				of this Part. Nothing herein shall be taken to preclude person's accessing
				additional clinical services outside the residence either through their day
				program or any other appropriately qualified provider.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.9 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				Personnel shall be available to supervise, operate and maintain the premises of
				a community residence in compliance with all applicable requirements.
(2) There shall be a staffing plan based upon
				such considerations as the number of individuals and their levels of
				functioning and need, support staff requirements, and physical plant
				demands.
(3) The community
				residence can make use of volunteers in any area where they may directly or
				indirectly enhance opportunities for the personal development and the quality
				of life for the persons living in the residence. However, volunteers shall not
				be substituted for paid personnel necessary to operate the residence in
				accordance with this Part. Family members and friends of persons living in the
				residence will not be considered volunteers for planning purposes.
(4) In addition, in a supervised community
				residence, staff availability is required at all times when individuals are
				present. However, arrangements at the site for less intensive supervisory
				coverage are permissible. These arrangements shall be based on an assessment of
				a given individual's specific ability to assume responsibility for herself or
				himself as documented in the plan of services and determined to be appropriate
				for that individual.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.13 - Fee-setting and financial reporting for voluntary-operated community residences

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Reporting
				requirements.
(1) Each provider shall
				submit reports in accordance with the requirements of Subpart 635-4 of this
				Title.
(2) Each provider shall
				report on its cost report the amount of funded depreciation for each of its
				community residences, and expenditures from funded depreciation for each of its
				community residences. See subdivision (i) of this section.
(3) Financial records shall be maintained for
				individuals and shall consist of four separate accounts to record the revenue
				and expense as follows:
(i) an account to
				record the use of the total rent charged to individuals in accordance with
				subdivision (c) of this section. Such account shall record both the monthly
				amount collected by the provider as income and any direct payments by
				individuals for rent and utilities, as well as living expense allowances for
				such items as transportation, clothing, etc.;
(ii) an account to record personal allowance,
				in cases where the individual has chosen the option of management of such funds
				by the provider; and
(iii) an
				account to record the payments made to providers in the amount of $250 per
				individual per year, paid semiannually by OPWDD, whereby such payments are in
				addition to the personal allowance. Such records shall document the use of the
				payments for the following needs of individuals:
(a) replacement of necessary
				clothing;
(b) personal requirements
				and incidental needs; and
(c)
				recreational and cultural activities;
(iv) an account of all food stamp benefits
				obtained and redeemed for individuals living in a residence with 16 or fewer
				beds, of all purchases and expenditures for food on behalf of such individuals,
				of all payments the provider receives from or for such individuals for food,
				and of all money given to such individuals for the purchase of food. The
				provider shall maintain such records for four years. Such records shall be
				subject to audit and review by OPWDD and any other Federal or State agencies
				which regulate the provider or the food stamp benefit program.
(4) All such financial records and
				any related records shall be subject to audit by the commissioner and the
				Office of the State Comptroller or their agent.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.14 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				The community residence shall maintain a record for each person.
(2) The record of a discharged person shall
				contain a summary of the person's status at the time of discharge, the
				rationale for discharge, and the discharge plan.
(3) Individuals' personal allowance records
				shall be maintained in conformance with the regulations of the
				commissioner.
(4) A personnel
				record for each staff member shall be maintained in accordance with the
				agency/facility policies/procedures. The personnel records for staff may be
				kept at a centrally located place in accordance with agency/facility
				policies/procedures.
(5) The
				community residence shall maintain the necessary statistical records relating
				to the operation of the facility in accordance with agency/facility
				policies/procedures.
(6) The
				community residence shall submit information and reports to OPWDD in the format
				and manner prescribed by OPWDD.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.15 - Utilization of temporary use beds and vacant beds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) A supervised community residence or
				individualized residential alternative (see section
				686.16 
				of this Part) of four beds or more, may elect to have a bed(s) designated on
				its operating certificate as a temporary use bed(s) for time-limited stays of
				persons with developmental disabilities. Temporary use beds shall be included
				in a facility's certified capacity (see glossary, section
				686.99  of
				this Part) and shall be used for respite, trial visits, therapeutic stays and
				emergency housing. For all purposes but trial visits, it is expected that the
				person will return to his or her permanent residence following the stay and
				therefore shall not be subject to the facility's admission process; a person
				who is on a trial visit which results in acceptance for permanent residency
				shall be admitted subsequent to that acceptance. Temporary use beds shall be
				used in accordance with the following:
(i) To
				offer respite (see glossary, section
				686.99  of
				this Part) to a primary caregiver who is either a family member, a legal
				guardian, a correspondent, or a family care provider.
(a) Overnight Respite may be provided for no
				more than forty-two (42) days in a one-hundred-eighty (180) day period. After
				the forty-two (42) days, any continued overnight billing will be limited to the
				regional average daily rate paid for Supervised IRA services.
(b) In providing respite, the facility shall
				assume the daily responsibilities of the primary caregiver, limited to:
(1) room and board;
(2) 24-hour supervision;
(3) health and self-care services including
				overseeing routine medical care and managing any medical emergency;
				and
(4) coordination of the
				established treatment program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.16 - Certification of the facility class known as individualized residential alternative

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) In
				addition to the facilities in the community residence class known as supervised
				community residences and supportive community residences, there shall be a
				class of facility known as an individualized residential alternative.
(2) A facility in this class housing nine or
				more persons shall meet the physical plant, Life Safety Code and environmental
				requirements for supervised community residences listed in sections
				635-7.1,
				635-7.2
				and
				635-7.3 
				of this Title.
(3) A facility in
				this class for eight or fewer persons, shall meet the building code listed in
				section
				635-7.1(h)(1)(ii) 
				of this Title or for New York City in section
				635-7.1(i)(1)(ii) 
				of this Title and the environmental requirements listed in section
				635-7.4(b)(3) 
				of this Title. Additionally, if the occupants of such facility cannot be
				evacuated to either a point of safety or the exterior in three minutes or less,
				the facility shall meet the
Life Safety Code
requirements
				listed in section
				635-7.2(a)(1)(iii) 
				of this Title.
(4) An
				individualized residential alternative shall meet the requirements of this Part
				as set forth in sections
				686.1,
				686.2,
				686.3,
				686.4,
				686.5,
				686.9,
				686.15(a)(1)-(3) 
				(as appropriate) and 686.16 of this Part.
(5) Each facility in this class shall ensure
				the provision of, or provide as its minimum responsibility, protective
				oversight (see glossary) appropriate to the person's needs.
(6) A facility receiving an operating
				certificate as an individualized residential alternative, shall develop a site
				specific written plan for protective oversight. The plan shall include
				provisions for ensuring:
(i) The assessment of
				each person's need for the amount and type of supervision necessary including
				both staff and/or technology as appropriate to the person and
				circumstance.
(ii) The use of
				appropriately trained substitute personnel when the primary assigned personnel
				are unavailable.
(iii) The
				establishment of qualifications and training requirements of those responsible
				for supervision.
(iv) The
				establishment of a process whereby the person's continuing need for the
				originally recommended amount and type of protective oversight can be
				periodically reviewed, and modified as necessary.
(7) For the purposes of compliance with site
				selection requirements, the provisions of section 41.34  of the Mental Hygiene Law shall
				apply to a facility certified as an individualized residential alternative as
				follows:
(i) Facilities of 4-14 beds where
				on-site supervision is provided.
(ii) Facilities of 1-3 beds where on-site
				24-hour per day supervision is provided.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 686 - Operation of Community Residences › Section 686.17 - Food stamp benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This section applies to non-profit organizations and
				  governmental entities (other than OPWDD) with an OPWDD - issued operating
				  certificate to operate an IRA or community residence of 16 or fewer beds, and
				  to all individuals living in IRAs or community residences of 16 or fewer beds
				  operated by non-profit organizations or governmental entities (other than
				  OPWDD).
(b)
Applying
				for food stamp benefits.
(1) The
				provider shall apply for food stamp benefits for each individual for whom an
				application for food stamp benefits has not already been made, unless:
(i) the individual is capable of
				independently managing money and does not allow the provider to apply for food
				stamp benefits; or
(ii) the
				individual and provider agree that the individual will pay for, obtain and
				prepare all of his or her own food; or
(iii) the individual pays the provider the
				specified amount for food.
(a) Effective
				October 1, 2010, the individual shall pay the provider $200 per
				month.
(b) For the period November
				1, 2013 to December 31, 2013, the amount that the individual is required to pay
				to the provider for food is reduced by $11 per month. The provider shall
				reimburse any individual for any amount the individual paid in excess of $189
				per month for the period November 1, 2013 to December 31, 2013.
(c) Effective January 1, 2014, the individual
				shall pay the provider $189 per month.
(d) Effective January 1, 2015, the individual
				shall pay the provider $194 per month.
(e) Effective January 1, 2018 through
				December 31, 2018, the individual shall pay the provider $191.50 per month.
				Effective January 1, 2019, the individual shall pay the provider $192 per
				month.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to all state sponsored and agency sponsored family care homes (see
				section 687.99  of this Part) operating or
				to be operated under an operating certificate (see section
				687.99  of this Part) obtained from
				the Office for People With Developmental Disabilities (hereinafter referred to
				as OPWDD; see section
				687.99  of this Part).
(b) This Part sets forth specific minimum
				requirements with which an OPWDD certified family care home must comply. This
				is in addition to any other regulations issued by OPWDD and designated as
				applicable to family care homes and/or their sponsoring agencies (see section
				687.99  of this
				Part).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.2 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The family
				care program (see section
				687.99  of this Part) has been
				developed to make it possible for a certified family care provider to care for
				an individual or individuals in the provider's own home, thus providing a
				family-oriented, home-like environment.
(b) Family care placement is available, in
				accordance with processes established by OPWDD, to those individuals with
				intellectual and/or developmental disabilities who do not need residential care
				and treatment in a more restrictive, structured setting, but who are unable to
				function adequately in their own homes or for whom the family-oriented
				environment is more appropriate than other available community settings or
				independent community living arrangements.
(c) Family care placement should be seen, not
				only for the purpose of providing a place of residence, but also as
				contributing to the overall personal development process of the
				individual(s).
(d) In all cases, a
				family care home shall provide a residential environment that approximates, as
				closely as possible, a family setting which enables and encourages individuals
				to participate in family and community life on an equal status with other
				members of the household. Thus, one of the primary goals of a family care
				placement is the acceptance of a person as a full member of the household so as
				to share in that household's pleasures and responsibilities.
(e) Exceptions to the provisions of this
				Part, other than statutory requirements, may be made by the commissioner (see
				section 687.99  of this Part) when it is
				determined that an exception is necessary and in the best interest of an
				individual(s) and is consistent with the health, safety and welfare of the
				individual(s).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.3 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Article
				16 of the Mental Hygiene Law sets forth the requirements for the certification
				and recertification of various classes of facilities, including family care
				homes.
(b) Section 131-o  of
				the Social Services Law sets forth certain applicable requirements for the
				maintenance of personal allowance accounts (see section
				687.99  of this Part and Part 633
				of this Title) for individuals residing in family care homes who receive
				State-supplemented SSI.