New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.7 - Treatment Planning

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Behavioral health treatment planning is an ongoing process of assessing the
					 behavioral health status and needs of the patient, establishing his or her
					 treatment and rehabilitative goals, and determining what services may be
					 provided by the program to assist the patient in accomplishing these goals. An
					 integrated services provider offering behavioral health services shall provide
					 patient-centered treatment planning for each patient. The treatment planning
					 process is a means of reviewing and adjusting the services necessary to assist
					 the patient in reaching the point where he or she can pursue life goals,
					 without impediment resulting from his or her illness. The treatment planning
					 process includes, where appropriate, a means for determining when the patient's
					 goals have been met to the extent possible in the context of the programs
					 offered by the integrated services provider, and planning for the appropriate
					 discharge of the patient from the program.
(b) Patient participation in treatment
					 planning shall be documented by the signature of the patient or the signature
					 of the person who has legal authority to consent to care on behalf of the
					 patient or, in the case of a child, the signature of a parent, guardian, or
					 other person who has legal authority to consent to health care on behalf of the
					 child, as well as the child, where appropriate, provided, however, that the
					 lack of such signature shall not constitute noncompliance with this requirement
					 if the reasons for non-participation by the patient are documented in the
					 treatment plan. The patient's family and/or collaterals (i.e., significant
					 others) may participate as appropriate in the development of the treatment plan
					 and shall be specifically identified in the treatment plan.
(c) Each patient must have a written
					 patient-centered treatment plan developed by the responsible clinical staff
					 member and patient. Standards for developing a treatment plan include, but are
					 not limited to:
(1) For mental health or
					 substance use disorder behavioral care host models, treatment plans shall be
					 completed no later than 30 days after admission. For primary care host models,
					 treatment plans shall be completed no later than 30 days after the decision to
					 begin any mental health and/or substance use services beyond pre-admission
					 services.
(2) For services provided
					 to a recipient enrolled in a managed care plan which is certified by the
					 commissioner or a commercial insurance plan which is certified or approved by
					 the Superintendent of Financial Services, treatment plans shall be prepared
					 pursuant to the requirements of the managed care plan or commercial insurance
					 plan.
(3) If the patient is a
					 minor, the treatment plan must also be developed in consultation with his/her
					 parent or guardian unless the minor is being treated without parental consent
					 as authorized by MHL section 22.11 or 33.21, as applicable.
(4) For patients moving directly from one
					 program offered by an integrated services provider to another program offered
					 by the same provider, whether or not it is a program approved to provide
					 integrated services, the existing treatment plan may be used if there is
					 documentation that it has been reviewed and, if necessary, updated within 14
					 days of transfer.