reglab/statecodes huggingface dataset:
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 594.8 - Admission and discharge criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each program governed pursuant to this Part shall maintain written 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.
(b) The admission criteria must, at a
				minimum, provide that the youth meet each of the following criteria:
(1) attainment of at least the 5th birthday
				but not the 18th, provided, however, that in the CREDIT program, the admission
				criteria must provide that the youth has attained at least the 12th birthday
				but not the 19th;
(2) a designated
				mental illness diagnosis which, for purposes of the CREDIT program, must
				include a diagnosis of an eating disorder, as such term is defined in this
				Part;
(3) substantial problems in
				social functioning due to a serious emotional disturbance within the past
				year;
(4) serious problems in
				family relationships, peer/social interaction or school performance. In a
				CREDIT program, serious problems in the family relationship/support system
				shall include circumstances in which:
(i) the
				family members and/or support systems demonstrate behaviors that are
				inconsistent with the goals of treatment, such that treatment at a lower level
				of care is unlikely to be successful; or
(ii) the family members and/or support
				systems do not possess the requisite skills to effectively manage the disease
				such that treatment at a lower level of care is unlikely to be
				successful;
(5) serious
				and persistent symptoms of cognitive, affective and personality
				disorders;
(6) a level of service
				need which requires multi-agency intervention and involvement; and
(7) in a community residence that is a CREDIT
				program, admission criteria shall also include documentation that the child
				demonstrates an inability to be managed at a lower level of care but does not
				require acute inpatient level of care.
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 594.9 - Residents' rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provider
				of service shall ensure the provision of notices of recipients' rights
				described in section
				527.5 
				of this Title to each resident and his or her family or significant others.
				Such notice shall also address residents' right to wear age-appropriate
				clothing, receive prompt medical attention, and have access to appropriate
				education.
(b) Each child or
				adolescent, family or significant other shall be apprised of the residence
				grievance process which ensures the timely review and resolution of resident's
				or family's complaints.
(1) The grievance
				process must ensure an objective review of the issues, timely resolution and
				adequate documentation.
(2) The
				name and number of an Office of Mental Health contact person shall be made
				available to a resident and/or family member whenever a grievance process
				cannot be resolved to the satisfaction of all parties. Within 14 days, the
				Office of Mental Health will review the circumstances surrounding the
				disagreement and make a recommendation concerning a course of action to be
				taken.
(3) If successful resolution
				to the grievance cannot be achieved through the process delineated in
				paragraphs (1) and (2) of this subdivision, the resident and/or family member
				has a right to legal recourse and must be provided with information regarding
				where to obtain legal assistance including, but not limited to, mental hygiene
				legal services. The resident and/or family member should also be informed in
				writing, that complaints can be made to the Commission on Quality of Care and
				Advocacy for Persons with Disabilities.
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 594.10 - Service planning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Services
				provided within a teaching family home or community residence, including a
				CREDIT program, shall be provided in accordance with a service plan developed
				within four weeks of admission to the program. In the case of a community
				residence that is a CREDIT program or a crisis residence, the initial service
				plan must be developed within three days of admission. At the time of
				admission, an admission note must be prepared and signed by a qualified mental
				health staff person which, at a minimum, indicates a description of the
				strengths and needs of the youth, as well as a brief description of the
				services necessary to meet these needs during the initial period after
				admission.
(b) Such plan shall be
				developed by the staff of the program, resident and family and/or any
				collateral identified for participation in planning, as appropriate, including
				the parents or guardian of minor residents. The service plan must be reviewed
				and signed by a qualified mental health staff person. The service plan must be
				a mutually agreed upon course of action which, at a minimum, identifies the
				following:
(1) the youth's personal statement
				of his/her goals;
(2)
				identification of the youth's collaterals;
(3) statement of the youth's needs and
				strengths and a description of the skills needed to return home or to the
				community;
(4) statement of service
				goals and objectives;
(5)
				identification of the services and supports to be provided;
(6) proposed time periods; and
(7) strategies to coordinate services with
				other providers.
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 594.11 - Program requirements for licensed housing programs (excluding crisis residence programs)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				licensed housing program shall be designed to provide a family-like and
				therapeutic environment for children and adolescents with serious emotional
				disturbance. A licensed housing program shall be responsible for providing
				services in a safe environment to the youth which will allow for the eventual
				return to the family or, if appropriate, to acquire the skills and resources
				for independent living.
(b) A
				licensed housing program shall provide the following developmentally and
				age-appropriate services:
(1) behavior
				support;
(2) case
				management;
(3)
				counseling;
(4) daily living skills
				training;
(5)
				educational/vocational support services;
(6) family support services;
(7) health services;
(8) independent living skills
				training;
(9) medication management
				and training;
(10) medication
				monitoring;
(11) respite;
(12) room and board; and
(13) socialization.
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 594.12 - Crisis residence program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A crisis residence program provides a short-term (1-21 day), trauma-sensitive,
				safe and therapeutic living environment, and crisis support, to children and
				adolescents with serious emotional disturbances, their families and residential
				service providers. The goal of the program is to stabilize the crisis situation
				and support the family or service provider's efforts to maintain the child in
				his or her current residence and to decrease the inappropriate use of an
				inpatient facility or other out-of-home placements.
(b) A crisis residence shall provide the
				following services:
(1) crisis
				stabilization;
(2) behavior
				support;
(3) case
				management;
(4)
				counseling;
(5) daily living skills
				training;
(6) education/vocation
				support services;
(7) health
				services;
(8) medication management
				and training;
(9) medication
				monitoring;
(10) room and board;
				and
(11) socialization.
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 594.13 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each licensed
				housing program shall develop an orientation and ongoing training program
				which, at a minimum, addresses the following areas:
(1) ensuring trauma-sensitive safe
				environments for all youth in residence;
(2) child and adolescent mental health
				issues;
(3) child and adolescent
				developmental issues;
(4)
				medication management;
(5)
				proactive positive intervention techniques;
(6) strength-based skills training/crisis
				intervention;
(7) cultural
				competence, including assessment of issues and effects on treatment;
(8) suicidal behaviors, sexual and physical
				abuse, chemical abuse, anger control and runaway behavior;
(9) youth advocacy;
(10) work with families in the areas of
				providing support, advocacy and the development of partnerships;
(11) human rights; and
(12) incident reporting.
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 594.14 - Quality assurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				provider of service shall develop a quality assurance plan. The plan shall
				include, but is not limited to:
(1) Each
				licensed housing program shall have a written utilization review procedure
				which includes but is not limited to, review of:
(i) appropriateness for admission to and
				continued stay in the licensed housing program;
(ii) appropriateness of the services provided
				by the licensed housing program; and
(iii) readiness for referral and transfer of
				youth who no longer meet criteria for the licensed housing program must be
				included.
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 594.15 - Case records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				shall be a complete case record maintained for each resident. Such case record
				shall be maintained in accordance with recognized and acceptable principles of
				recordkeeping as follows:
(1) case record
				entries shall be in nonerasable ink or typewriter;
(2) case records shall be legible;
(3) case records shall be periodically
				reviewed for quality and completeness; and
(4) case records shall be dated and signed by
				appropriate staff.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of residential programs for individuals diagnosed with a severe and persistent
				mental illness is to provide residential services which support and assist
				individuals with their goal of integration into the community. Residential
				programs shall have a rehabilitative focus. Residential programs shall be
				responsible for engaging a resident in rehabilitative services consistent with
				the individual's desire, tolerance and capacity to participate in such
				services.
(b) The rehabilitative
				focus of a residential program provides for improved resident independence,
				choice and outcomes. This is fostered by the development and implementation of
				an individualized written service plan which shall be based upon psychiatric
				rehabilitation principles of participation and individual resident choice. An
				individualized written service plan shall be developed with the
				resident.
(c) The purpose of
				residential programs is to provide an array of rehabilitative and supportive
				services. Such services may focus upon intensive, goal-oriented intervention,
				within a structured program setting, to address issues identified by and
				specific to a resident's needs regarding community integration or goal oriented
				interventions which focus on improving or maintaining resident skills that
				enable a resident to remain living in community housing.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.2 - 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 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 persons with mental illness pursuant to an operating
				certificate.
(b) Sections 31.05, 31.07, 31.09, 31.13 and
				31.19  of the Mental Hygiene Law authorize
				the commissioner or his or her representative to examine and inspect programs
				to determine their suitability and proper operation. Sections 31.16 and
				31.17  of the Mental Hygiene Law authorize
				the commissioner to suspend, revoke or limit any operating
				certificate.
(c) Section 31.11  of the Mental Hygiene Law requires
				every holder of an operating certificate to assist the Office of Mental Health
				in carrying out its regulatory functions by cooperating with the commissioner
				in any inspection or investigation, permitting the commissioner to inspect its
				facility, books and records and making such reports, uniform or otherwise as
				are required by the commissioner.
(d) Section 31.25  of the Mental Hygiene Law requires
				that the commissioner 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 595 - Operation Of Residential Programs For Adults › Section 595.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to any provider of services which operates or proposes to operate a
				residential program for persons with mental illness and is licensed pursuant to
				article 31 of the Mental Hygiene Law, including the Community Residence for
				Eating Disorder Integrated Treatment ("CREDIT") Program.
(b) This Part does not apply to any provider
				of services which operates or proposes to operate a residential program for
				children or adolescents with serious emotional disturbances.
(c) This Part does not apply to family care
				homes.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.5 - 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
				residential programs which comply with the requirements stated in this
				Part.
(b) No more than 48
				congregate beds will be located on the same premises. Service enriched single
				room occupancy programs shall not exceed 100 beds.
(c) 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 physical setting (congregate, apartment or
				service enriched single room occupancy) of the residential program and shall
				include a functional program which describes in detail the required information
				as prescribed pursuant to section
				595.7  of this
				Part. A single application for each program shall be submitted.
(d) Renewal applications shall be submitted
				to the Office of Mental Health on required forms in accordance with the
				instruction therein.
(e) The
				current operating certificate shall be available to be shown to anyone upon
				request.
(f) The certified capacity
				of the residential program shall not be exceeded at any time.
(g) An operating certificate shall remain the
				property of the Office of Mental Health. An expired, invalidated, revoked or
				terminated certificate shall be returned to the Office of Mental
				Health.
(h) The prior approval
				review (PAR) procedures in accordance with Part 551 of this Title shall be
				required of a provider of services that wishes to:
(1) change the physical location of the
				facility, or utilize additional physical locations, premises or parts of
				premises;
(2) significantly change
				the number and types of staff;
(3)
				initiate major changes in program, including, but not limited to, changes in
				the criteria for admission or residency termination of residents, or changes in
				the target population;
(4) change
				the resident capacity of the program; and
(5) purchase, change ownership, or alter the
				premises of the program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.7 - Functional program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A functional
				program shall be developed and submitted with the provider's application for
				initial certification. The functional program shall, at a minimum, include:
(1) a description of the program mission, and
				the population to be served;
(2)
				admission and discharge criteria;
(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 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 goals and
				anticipated outcomes of the program, including the anticipated average length
				of stay for residents;
(7) a
				description of the provider's role, if any, in providing a crisis bed capacity
				within the geographical area;
(8) a
				description of the proposed staff pattern, including job descriptions and
				qualifications, number of FTE's for each position, the supervisory structure
				and a staffing schedule;
(9) a
				description of the on-site services which will be provided to the residents,
				including how these services with further the goals and anticipated outcomes of
				the program;
(10) a description of
				how the residential program will appropriately utilize community- based
				services;
(11) a description of the
				expectations, if any, which may be placed upon the resident regarding program
				participation within the residence and participation in programs outside the
				residence; and
(12) a description
				of the process for providing of information about and explaining the rights of
				residents to both staff and residents.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.8 - Admission criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility
				for admission to a residential program for adults shall be based upon:
(1) a designated mental illness diagnosis
				which, for purposes of the CREDIT program, must include a diagnosis of an
				eating disorder, as such term is defined in this Part; and one of the
				following:
(2) social security
				income or social security disability insurance enrollment due to a designated
				mental illness;
(3) extended
				impairment in functioning due to a designated mental illness, as defined in
				section
				595.4(a) 
				of this Part; or
(4) reliance on
				psychiatric treatment, rehabilitation and supports, as defined in section
				595.4(a) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.9 - Discharge planning and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each program shall ensure that a
				discharge planning process for each resident begins upon admission. The
				discharge planning process shall continue throughout a resident's stay. The
				discharge planning process shall include, at a minimum, the following
				activities throughout the process:
(1)
				involvement of the resident, program staff, other community service providers,
				and collaterals as appropriate and agreed to by the resident;
(2) clinical assessment of the resident's
				psychiatric status as well as assessment of the resident's rehabilitation,
				physical, social, and residential needs and goals, which is conducted by
				clinical staff who are qualified by credentials, training and experience to
				conduct such assessments;
(3)
				provision to the resident of options for appropriate residential environments
				and other necessary services;
(4)
				completion of referrals to appropriate community service and residential
				providers; and
(5) arrangements for
				appointments, where the resident so agrees, with community service and
				residential providers.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.10 - Rights of residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				resident residing in a residential program shall be entitled to the rights
				defined in this subdivision. A provider of service shall be responsible for
				ensuring the protection of these rights:
(1) A
				resident has the right to receive his/her full personal needs allowance in a
				regular and timely manner. Each resident shall have the freedom to use such
				allowance as he/she chooses unless enrolled in a voluntary money management
				program. The provider shall establish and adhere to a regular monthly payment
				schedule. Upon the increase of a fee, a provider of service shall give a
				resident at least 30 days' written notice of the implementation of the adjusted
				fee.
(2) A resident shall be
				provided with a clearly written residency agreement, approved by the Office of
				Mental Health, which specifies:
(i) the terms
				of the agreement;
(ii) the services
				required to be provided by the program;
(iii) the residence fees;
(iv) the due dates for payment of
				fees;
(v) the responsibilities of
				residents;
(vi) the policy
				concerning continued residency and fees, if a resident needs to be
				rehospitalized;
(vii) the resident
				grievance procedure which shall:
(a) ensure an
				objective review of the issues, timely resolution and adequate
				documentation;
(b) ensure that the
				name and number of a New York State Office of Mental Health contact person is
				made available to a resident upon admission and again whenever a grievance
				process cannot be resolved to the satisfaction of all parties;
(viii) the house rules with
				respect to visitors, including but not limited to, curfews and use of the
				premises; and
(ix) the allowable
				reasons and process for termination of residency by the providers of
				service.
(3) A resident
				has the right to have access to a resident's council or other designated
				mechanisms for participation in the establishment of house rules and other
				matters which affect the operation of the residence. House rules may not
				violate a resident's rights as described in this section.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.11 - Service planning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Services
				provided within a residential program, including a CREDIT program, shall be
				provided in accordance with a service plan developed within four weeks of
				admission to the program. In the case of a residence that is a CREDIT program,
				the initial service plan must be developed within three days of admission. At
				the time of admission, an admission note shall be prepared by a qualified
				mental health staff person which, at a minimum, indicates a description of the
				needs of the individual, as well as a brief description of the services
				necessary to meet these needs during the initial period after
				admission.
(b) Such plan shall be
				developed by the staff of the program, the resident and any collateral
				identified for participation in planning, as appropriate and desired by the
				resident. The service plan shall be reviewed and signed by a qualified mental
				health staff person. The individualized written service plan shall be a
				mutually agreed upon plan which, at a minimum, identifies the following:
(1) statement of resident's readiness to
				participate in the services provided by the program; or
(2) statement of activities which will be
				provided to engage resident to participate in the services provided by the
				program; and
(3) statement of the
				resident's needs and strengths;
(4)
				statement of service goals and objectives;
(5) identification of the services to be
				provided;
(6) proposed time
				periods; and
(7) efforts to
				coordinate services with other providers.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.12 - Program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				residential program shall be designed to provide room and board within stable
				housing with on-site services which is supported by transportation activities
				and mental health, health, social services and other generic services within
				the community. Single-room occupancy programs shall comply with section
				595.15(b)(2)(iii) 
				of this Part as it relates to board requirements. A residential program shall
				be responsible for engaging a resident in rehabilitative services consistent
				with the individual's desire, tolerance and capacity to participate in such
				services, and the individual's written treatment plan, if any, prepared in
				association with an order authorizing assisted outpatient treatment.
(b) A residential program shall ensure that,
				as indicated in a resident's individualized written service plan, the following
				services are provided directly or through written agreement with other
				providers. Such services shall be provided as indicated in a resident's
				individualized written service plan:
(1)
				assertiveness/self-advocacy;
(2)
				community integration services/resource development;
(3) daily living skills;
(4) health services;
(5) medication management and
				training;
(6) parenting
				training;
(7) rehabilitation
				counseling;
(8) skill development
				services;
(9)
				socialization;
(10) substance abuse
				services; and
(11) symptom
				management.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.13 - Quality assurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				provider of service shall develop a quality assurance plan. The plan shall
				include, but is not limited to:
(1)
				Utilization review. Each residential program must have a written utilization
				review procedure which includes but is not limited to, review of:
(i) appropriateness for admission to and
				continued stay in the residential program;
(ii) appropriateness of the services provided
				by the residential program; and
(iii) readiness for referral and transfer of
				clients who no longer meet criteria for the residential program. Utilization
				review must be carried out, to the maximum extent possible, by staff who
				function independently from the staff with primary clinical responsibility for
				the resident.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.14 - Case records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				shall be a complete case record maintained for each resident. Such case record
				shall be maintained in accordance with recognized and acceptable principles of
				recordkeeping as follows:
(1) case record
				entries shall be in nonerasable ink or typewriter;
(2) case records shall be legible;
(3) case records shall be periodically
				reviewed for quality and completeness; and
(4) case records shall be dated and signed by
				appropriate staff.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.16 - Determination of capacity for self preservation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The evacuation capacity of residents is a
				function of both the ability of the residents to evacuate and the assistance
				provided by staff. Determination of satisfactory ability to evacuate should be
				made prior to admission to a residential program. Such a determination may be
				reached by review of the applicant's history and a face-to-face interview which
				shows a capacity to evacuate equivalent to that of the general public. When
				uncertainty exists a time drill may be used for a more objective
				measurement.
(b) Subsequent to
				admission:
(1) For service enriched single
				room occupancy and congregate programs, timed drills should be used to
				regularly evaluate the level of evacuation capability of program residents.
				Translation of drill times to evacuation capability may be determined as:
(i) three minutes or less, prompt;
(ii) over three minutes but not in excess of
				13 minutes, slow.
Evacuation capability is based on the time of day or night
				  when evacuation of the facility would be the most difficult (i.e., sleeping
				  residents or fewer staff present). Residents needing assistance in evacuating
				  should be assisted by staff to the extent that assistance would be available at
				  the time of day or night in an actual emergency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.17 - Transition from part 586 to part 595

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Programs certified pursuant to Part 586 of this Title may continue to operate
				pursuant to the requirements of Part 586 of this Title until the expiration of
				the term of their operating certificate.
(b) Upon the expiration of an operating
				certificate issued pursuant to Part 586 of this Title, a provider may:
(1) return its operating certificate to the
				Office of Mental Health; or
(2)
				apply for an operating certificate as a program established under this
				Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Telehealth
				is defined as the use of telehealth technologies by telehealth practitioners to
				provide mental health services at a distance. Such services do not include a n
				electronic mail message, text message, or facsimile transmission between a
				provider and a recipient, or a consultation between two professionals or
				clinical staff although these activities may support the delivery of services
				via telehealth. Additionally, such services do not include services provided
				where the originating and distant sites are the same location.
(b) Telehealth services may be provided only
				where clinically appropriate and with informed consent by the recipient . Where
				the recipient is a minor consent shall also be provided by the parent/guardian
				or other person who has legal authority to consent to health care on behalf of
				the minor. The recipient may withdraw consent at any time. A provider may not
				deny services to an individual who has a preference to receive services
				in-person.
(c) The Office of Mental
				Health (the Office) supports the use of telehealth services where it is in the
				best interests of the person served, in accordance with Office guidance, and is
				performed in compliance with applicable federal and state laws and regulations
				and the provisions of this Part in order to address legitimate concerns about
				privacy, security, recipient safety, and interoperability.
(d) Audio-only or audio-video communication
				is an acceptable option only when determined appropriate by the provider of
				service, in accordance with guidelines established by the Office, and with
				informed consent from the recipient. Where the recipient is a minor, consent
				shall also be provided by the parent/guardian or other person who has legal
				authority to consent to health care on behalf of the minor.
(e) Audio-only or audio-video communication
				is covered by Medicaid and the Child Health Insurance Plan to the extent
				consistent with regulations promulgated by the New York State Commissioner of
				Health pursuant to Section 2999-cc  of the Public Health Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under his or her
				jurisdiction.
(b) Sections 31.02 and 31.04  of the Mental Hygiene Law authorize the Commissioner of Mental Health
				to set standards of quality and adequacy of facilities, equipment, personnel,
				services, records and programs for the rendition of services for persons
				diagnosed with mental illness, pursuant to an operating certificate.
(c) Section 2999-dd  of the Public Health Law
				provides that health care services delivered by means of telehealth are
				entitled to Medicaid reimbursement under Social Services Law Section
				367-u.
(d)
									Section 829 of Title 21 of the United States Code governs the law concerning internet prescribing of
				controlled substances.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				of this Part shall apply to any licensed, designated, or authorized provider of
				services pursuant to Article 31 of the Mental Hygiene Law who has been
				authorized by the Office under this Part to include the use of Telehealth
				Services as a means of rendering services licensed, designated, or authorized
				by the Office.
(b) The provisions
				of this Part shall not be construed to alter the scope of practice of any
				licensee or authorize the delivery of services in a setting, or in a manner,
				not otherwise authorized by law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Collateral means a person who is a member
				of the recipient's family or household, or other individual who interacts with
				the recipient and is directly affected by or has the capability of affecting
				their condition and is identified in the treatment plan as having a role in
				treatment and/or is necessary for participation in the evaluation and
				assessment of the recipient.
(b)
				Distant or "hub" site means the distant secure location, as defined in Section
				596.6(a)(1)(vi) 
				of this Part, at which the practitioner rendering the service using Telehealth
				Services is located.
(c) Encounter
				means a recipient or collateral contact in which services are provided using
				telehealth services, and whereby the care of the recipient is the direct
				responsibility of both the Article 31 licensed, designated, or authorized
				provider of services in which the recipient is admitted at the time of the
				encounter and the distant telehealth practitioner.
(d) Encryption means a system of encoding
				electronic data where the information can only be retrieved and decoded by the
				person or computer system authorized to access it.
(e) Originating or "spoke " site means a site
				where the recipient is physically located at the time mental health services
				are delivered to them by means of telehealth services, which may include the
				recipient's place of residence, other identified location, or other temporary
				location out-of-state.
(f) Provider
				of services means a provider of mental health services licensed pursuant to
				Article 31 of the Mental Hygiene Law or designated or authorized by the Office
				to provide mental health services.
(g) Recipient means a person who is receiving
				telehealth services.
(h) Telehealth
				Technologies means a dedicated secure interactive audio and/or video linkage
				system approved by the Office to transmit data between an originating/spoke
				site and distant/hub site for purposes of providing telehealth
				services.
(i) Telehealth
				Practitioner means : health services from a distant or hub site in accordance
				with the provisions of this Part.
(i) a
				prescribing professional eligible to prescribe medications pursuant to federal
				regulations; or
(ii) staff
				authorized by OMH to provide in-person services are authorized to provide
				behavioral health services via telehealth consistent with their scope of
				practice where applicable, and in accordance with guidelines established by the
				Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.5 - Approval to Utilize Telehealth Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) telehealth services may be authorized by
				the Office for licensed, designated or otherwise approved services provided by
				telehealth practitioners, as defined in section
				596.4  of
				this Part, from a site distant from the location of a recipient, where the
				recipient is physically located at a provider site licensed by the Office, or
				the recipient's place of residence or other temporary location within or
				outside the state of New York . or the recipient's place of residence, other
				identified location, or other temporary location out-of-state. Services may be
				delivered via telehealth unless otherwise specified by guidelines established
				by the Office.
(b) A provider of
				services must obtain prior written approval of the Office before utilizing
				telehealth services. Once approved, such provider shall be accountable for
				ensuring compliance with all ethical and scope of practice requirements for the
				provision of such services by the telehealth practitioner.
(c) Approval shall be based on receipt by
				the Office of the following:
(1) Sufficient
				written demonstration that telehealth services will be used for assessment and
				treatment services licensed, designated, or authorized by the Office
				consistent with the provisions of this Part, guidelines established by the
				Office and that the services are being requested not to fulfill regulatory
				staffing requirements but because they are necessary to improve access and the
				quality of care of individuals receiving services or because they are necessary
				to address workforce shortages;
(2)
				Submission of policies and procedures and an attestation found in the
				guidelines established by the Office to provide telehealth services that
				satisfies the provisions of this Part and includes:
(i) confidentiality protections for persons
				who receive telehealth services, including measures to ensure the security of
				the electronic transmission;
(ii)
				procedures for assessing recipients to determine whether a recipient may be
				properly treated via telehealth services;
(iii) informed consent of persons who receive
				telehealth services and procedures for the withdrawal of such
				consent;
(iv) procedures for
				handling emergencies with persons who receive telehealth services;
				and
(v) contingency procedures to
				use when the delivery of telehealth service is interrupted, or when the
				transmission of the two-way interactions is deemed inadequate for the purposes
				of service provision.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.6 - Requirements for Telehealth Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				General requirements.
(1) The distant/hub
				site telehealth practitioner must:
(i) possess
				a current, valid license, permit, or limited permit to practice in New York
				State, or is designated or approved by the Office to provide
				services;
(ii) directly render the
				telehealth service;
(iii) abide by
				the laws and regulations of the State of New York including the New York State
				Mental Hygiene Law and any other law, regulation, or policy that governs the
				assessment or treatment service being provided;
(iv) adhere to the same laws, rules, and
				regulations and exercise the same standards of care and competencies required
				for in-house in-person delivered services;
(v) utilize evidence-based telehealth
				practice guidelines and standards of practice, to the degree they are
				available, to ensure recipient safety, quality of care, and positive outcomes;
				and
(vi) deliver services from a
				secure site/location which ensures the minimum standards for privacy for
				recipient- telehealth practitioner interaction are met . Telehealth
				practitioners may deliver services from a site located within the United States
				or its territories, which may include the practitioner's place of residence,
				office, or other identified space approved by the Office of Mental Health and
				in accordance with guidelines established by the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.7 - Reimbursement for Telehealth Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The licensed, designated, or authorized provider of service where the
				recipient is admitted is authorized to bill Medicaid for telehealth
				services.
(b) Under the Medicaid
				program, telehealth services are covered when medically necessary and under the
				following circumstances:
(1) the person
				receiving services is located at the originating/spoke site;
(2) the telehealth practitioner is located at
				the distant/hub site and is employed by or contracted with a program licensed
				or designated by the Office;
(3)
				the person or collateral receiving services is present during the
				encounter;
(4) the request for
				telehealth services and the rationale for the request are documented in the
				individual's clinical record;
(5)
				the clinical record includes documentation that the encounter occurred;
				and
(6) the telehealth practitioner
				at the distant/hub site is:
(i) authorized in
				New York State;
(ii) practicing
				within his/her scope of specialty practice; and
(iii) if the originating/spoke site is a
				hospital, credentialed and privileged at the originating/spoke site
				facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 596 - Telehealth Services › Section 596.8 - Contracts for the Provision of Telehealth Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nothing in this Part shall be deemed to
				prohibit a provider of services from providing licensed, designated, and
				authorized services, consistent with applicable regulations of the Office, as a
				distant/hub site via telehealth pursuant to contract with an originating/spoke
				site provider that is not licensed or operated by the Office, but which is
				enrolled in the New York State Medicaid program.
(b) Although prior approval of the Office is
				not required before entering into such contracts, notice of such contracts or
				agreements shall be provided by the distant/hub provider of services within 30
				days after execution of such contract to the Field Office serving the area
				where such provider of services is located.
(c) Reimbursement for telehealth services
				shall be pursuant to such contracts and are not separately billable by the
				distant/hub site.
(d) Providers of
				service shall not engage in distant/hub telehealth services that violate the
				provisions of paragraph (11) of subdivision (a) of section
				596.6 
				of this Part.