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 686.8 - Program for supportive community residences

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1) Each person in a supportive community
				residence shall have sufficient oversight and guidance to ensure that his or
				her health, safety and welfare are addressed. The amount and type of oversight
				and guidance provided shall be directly related to systematic formal assessment
				and ongoing review of all persons' need for such supervision. A person
				requiring long-term residential oversight and guidance in excess of an average
				21 hours per week is considered inappropriate for placement in a supportive
				community residence.
(2) The
				provision of needed oversight and guidance for each person may range from daily
				face-to-face contact and supportive assistance to the minimum of a
				once-per-week site visitation with the person present, except that an
				individual on transitional status (see glossary, section
				686.99  of
				this Part) is to be seen at least once a month at the site. Other face-to-face
				contact and/or phone contacts shall be provided in accordance with each
				person's need for oversight.
(3)
				The agency is responsible for identifying the degree of risk at each site
				surrounding the person's use of prescription and nonprescription medications
				and is responsible for ensuring that such risks do not inordinately affect the
				health, safety and welfare of any of the people.
(4) The agency/facility shall develop
				policies/procedures governing referral, intake and admission.
(5) These policies and procedures shall
				specifically address how the agency/facility will assess and meet the
				applicant's need for supervision in the supportive community residence, and
				shall include criteria justifying admission as listed in paragraph (b)(1) of
				this section.
(6) Admission to a
				supportive community residence shall be based primarily on the applicant having
				a diagnosis of developmental disability and that his/her needs for supervision
				can be adequately addressed in the setting.
(7) There shall be discharge criteria which:
(i) describe the level of independent
				functioning that would appropriately permit a person to live independently; and
				identify those activities and experiences which would promote such increased
				independence;
(ii) describe
				potential problem circumstances or degenerating person functioning level which
				might result in discharge to a more restrictive program; and
(iii) preclude discharge except to a setting
				which can more appropriately meet the person's needs and such a setting is
				actually available at the time of projected discharge.
(8) Those responsible for the program
				planning shall meet within 30 days of a person's admission to the supportive
				community residence to review the person's adjustment to the placement, the
				adequacy of the implemented oversight and visitation schedule and the
				sufficiency of any in-house guidance and training activities.
(9) The agency, in accordance with its
				policies, may allow for occupancy by persons designated as being on
				non-resident status (see glossary, section
				686.99  of
				this Part) or by individuals of the supportive community residence who have
				been designated as being on transitional status. Such occupancy shall be in the
				best interest of the individual on transitional status and any other
				individuals residing at the site. OPWDD shall be notified at least 45 days
				prior to an individual's designation as being on transitional status. In
				addition, such occupancy shall be in accordance with the limitations described
				in paragraph (11) of this subdivision.
(10) Persons on transitional status may
				remain at the supportive community residence if they meet the following
				criteria:
(i) they have acquired the skills
				necessary for independent living;
(ii) the residency continues only to the
				extent necessary to complete alternative living arrangements; but
(iii) the residency cannot continue for
				longer than two years.
(11) If an agency provides the option of
				permitting a person on transitional status or non-resident status to reside in
				the supportive community residence, the following shall apply:
(i) persons on transitional status shall
				occupy a certified bed;
(ii)
				persons on non-resident status shall not occupy a certified bed. When it is
				necessary to use a certified bed for a person on non-resident status, the
				agency shall notify OPWDD and the certified capacity of the site shall be
				changed appropriately.
(iii) the
				agency shall charge and collect from individuals on transitional status and
				non-residents their financial share of the occupancy, as determined by the
				agency, and shall appropriately report the receipt of this money to OPWDD in
				the form and format required by the commissioner.
(iv) when an individual on transitional
				status permanently leaves the certified site, the space shall only be filled by
				a person who meets the admission standards;
(v) when more than half of the persons
				residing in a supportive community residence are on transitional or
				non-resident status, one of the following options shall be followed:
(a) the individuals remain at the certified
				supportive community residence and persons on transitional or non-resident
				status are moved to alternative living arrangements; or
(b) the individuals are moved to another
				certified supportive community residence, and the site is converted from a
				certified supportive community residence to an independent living
				arrangement;
(vi) the
				above provisions of this paragraph may be modified or waived by the
				commissioner upon notice and satisfactory explanation justifying why adherence
				to the requirements would be detrimental to the individuals living in the
				supportive community residence.
(12) The policy and procedure manual, as
				required in section
				686.6(a)(2) 
				of this Part shall also incorporate:
(i) the
				requirement that a trained person shall be available to make visitations to a
				person in a supportive community residence in the absence of the assigned case
				manager;
(ii) the requirement that
				a person shall be informed of the persons to call in the event of an emergency
				or other unusual or unsettling circumstances;
(iii) the requirement that all occupants of a
				supportive community residence shall be trained to evacuate the facility in
				emergency situations; and
(iv) any
				other necessary information specific to the operation of a supportive community
				residence.
(13) Only an
				incorporated entity shall hold the lease to the physical plant of a supportive
				community residence. Where programmatically appropriate, the incorporated
				entity may sublease the certified site to the individual(s). However, if the
				property to be leased is subject to the requirements of the New Construction
				Regulation issued by the Federal Department of Housing and Urban Development,
				then the individual(s) shall be the holder of the lease.