New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-1 - Background › Section 635-1.2 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To set forth
				  general quality control and administrative requirements with which a program,
				  service or facility (as specified) funded or certified by OPWDD, must
				  comply.
(b) The requirements of
				  this Part shall be in addition to any other regulation issued by the
				  commissioner (see glossary) and designated herein as applicable to a specific
				  facility class, an OPWDD funded program, or an OPWDD funded service.
(c) To provide the basis for the development
				  and implementation of written agency/facility (see glossary) specific
				  policies/procedures (see glossary) which shall reflect compliance with this
				  Subpart. Such policies/procedures shall become part of the agency's/facility's
				  policy and/or procedure manual(s). Upon development, such policies/procedures
				  shall be implemented and the facility shall have the responsibility for
				  ensuring ongoing compliance with said policies/procedures.
(d) OPWDD expects ongoing compliance with
				  both principles of compliance and standards of certification included in this
				  Part. Therefore, such compliance shall be the responsibility of the agency and
				  shall be necessary for continued participation as a certified facility or
				  funding as an approved program or service.
(e) The OPWDD certification process defined
				  in subdivision 635-1.2(g)  of this section is superseded by requirements in Part
				  619 of this Title, Certification of Facilities and Home and Community Based
				  Services (HCBS), effective on the effective date of these
				  regulations.
(f) In every instance
				  in this regulation, the terms, "people," "person/persons," or
				  "individual/individuals" (see glossary) shall refer to those who have met the
				  admission criteria for a facility and who have been admitted.
(g) In reviewing the continued eligibility of
				  a facility for an operating certificate, OPWDD shall survey for compliance with
				  all "standards of certification" herein, and any other regulatory requirements
				  applicable to that class of operating certificate. OPWDD may make inquiries
				  into and evaluate evidence of noncompliance with the "principles of compliance"
				  applicable to that class of operating certificate. For programs or services
				  funded by OPWDD, the OPWDD shall monitor for compliance with applicable
				  "standards of certification" and may monitor "principles of compliance" as a
				  condition for continued funding.
(1)
				  Principles of compliance set forth the basic conditions for the operation of
				  the facility. Principles of compliance identify those requirements in which the
				  State has a substantive interest because they are the basic and necessary
				  conditions of participation with which a facility is to comply.
(i) Principles of compliance establish basic
				  and necessary conditions with which a facility must be in compliance in order
				  to receive and maintain certification.
(ii) Such principles shall focus on
				  particular service or administrative components of a facility and/or on an
				  entire certification classification. The intent of such principles is to
				  clearly indicate the scope and extent of the State's interest.
(iii) Unless otherwise indicated, an
				  agency/facility shall have the authority to demonstrate through policies,
				  procedures, other documents, or any means, the methods and practices it will
				  utilize to establish and ensure continued compliance with such
				  principles.
(iv) These documents
				  and/or means shall be made available to, or verified by, OPWDD to assess
				  compliance and to grant initial certification.