reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 513 - Limits On Administrative Expenses And Executive Compensation › Section 513.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting by
				covered providers. Beginning after the effective date of this regulation,
				covered providers shall submit a completed E.O. No. 38 disclosure form for each
				covered reporting period. Such form shall be submitted no later than 180
				calendar days following the reporting period, unless otherwise authorized. Such
				form shall be submitted in the manner and form specified by the office or its
				designee. Covered providers shall further provide the information requested in
				that form, and any other information requested, upon the request of the office
				or its designee at any time during the term of or prior to the execution of any
				contract or agreement with such provider.
(b) Covered providers receiving State funds
				or State-authorized payments from county or local government or an entity
				contracting on its behalf must report directly to the office as required by
				this section. The county or local government or the entity contracting on its
				behalf shall advise such covered providers of their obligation to report
				directly to the office under this section, but shall not be responsible for
				receiving or forwarding such reports to the office.
(c) Failure to report. A covered provider's
				failure to submit a completed E.O. No. 38 disclosure form, or to provide
				additional or clarifying information at the request of the office or its
				designee, may result in the termination or non-renewal of a contract or
				agreement for State funds or State-authorized payments.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 514 - Clinical Review Criteria for the Treatment of Mental Illness › Section 514.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the process and standards governing the
				  Office's approval of Clinical Review Criteria used by Utilization Review Agents
				  that register with the New York State Department of Health pursuant to Article
				  49 of the Public Health Law or report to the New York State Department of
				  Financial Services pursuant to Article 49 of the Insurance Law to determine
				  health care coverage for any treatment or service for a Mental
				  Illness.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 514 - Clinical Review Criteria for the Treatment of Mental Illness › Section 514.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.07  of
				the Mental Hygiene Law grants the Office of Mental Health the power and
				responsibility to see that people with mental illness are provided with care
				and treatment and that the personal and civil rights of people who receive care
				and treatment are protected.
(b)
				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 their jurisdiction.
(c) Section 4902  of the Public Health Law
				requires Utilization Review Agents for health insurance policies under the
				jurisdiction of the Department of Health to use evidence-based and peer
				reviewed Clinical Review Criteria that is appropriate to the age of the patient
				and which has been deemed appropriate and approved for such use by the
				Commissioner of the Office of Mental Health, in consultation with the
				Commissioner of Health and the Superintendent of Financial Services for any
				treatment or service for a Mental Health Condition.
(d) Section 4902  of the Insurance Law
				requires Utilization Review Agents for health insurance policies under the
				jurisdiction of the Department of Financial Services to use evidence-based and
				peer reviewed Clinical Review Criteria that is appropriate to the age of the
				patient and which has been deemed appropriate and approved for such use by the
				Commissioner of the Office of Mental Health, in consultation with the
				Commissioner of Health and the Superintendent of Financial Services for any
				treatment or service for a Mental Health Condition.
(e) Sections 3216 (i)(35)(f), 3221 (i)(5)(f), and 4303 (g)(7)  of the Insurance Law require insurers and corporations that
				issue health insurance policies or contracts approved by the Department of
				Financial Services to provide coverage of inpatient and outpatient care for the
				treatment of Mental Illness, as specified in the Insurance Law, consistent with
				the Federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction
				Equity Act of 2008 (29
				U.S.C. §
										1185a).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 514 - Clinical Review Criteria for the Treatment of Mental Illness › Section 514.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to Utilization Review
				  Agents conducting Utilization Review for purposes of determining health care
				  coverage for any treatment or service for a Mental Health Condition in
				  accordance with Article 49 of the Insurance Law or Article 49 of the Public
				  Health Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 514 - Clinical Review Criteria for the Treatment of Mental Illness › Section 514.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a)
Clinical Review Criteria
means the written screening policies, procedures, clinical protocols, practice
				guidelines, level of care tools, and programs used by a Utilization Review
				Agent to determine the medical necessity and appropriateness of a proposed
				health care service for the treatment of a Mental Health Condition.
(b)
Office
means the New
				York State Office of Mental Health.
(c)
Mental Health Condition
shall have the same meaning as such term is provided in sections 3216, 3221, and 4303  of the Insurance Law.
(d)
Utilization Review
shall have the same meaning as such term is
				provided in section 4900  of the Public Health Law or section 4900  of the
				Insurance Law, as applicable.
(e)
Utilization Review Agent
shall have the same meaning as such
				term is provided in section 4900  of the Public Health Law or section 4900  of
				the Insurance Law, as applicable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 514 - Clinical Review Criteria for the Treatment of Mental Illness › Section 514.5 - Standards for the approval of Clinical Review Criteria for use by Utilization Review Agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				Utilization Review Agent shall submit its Clinical Review Criteria to the
				Office for review and approval.
(b)
				The Office shall approve Clinical Review Criteria that are evidencebased,
				peer-reviewed, age-appropriate, and meet standards published by the Office,
				including the Guiding Principles for the Review and Approval of Clinical Review
				Criteria for Mental Health Services, incorporated by reference in section 514.6 
				of this Part.
(c) The Office shall
				not approve Clinical Review Criteria that does not comply with Federal or State
				mental health and substance use disorder parity laws, which shall be determined
				in consultation with the Commissioner of Health and the Superintendent of
				Financial Services.
(d) If a
				Utilization Review Agent intends to implement new or revised Clinical Review
				Criteria, the Utilization Review Agent shall submit such criteria to the Office
				no later than 60 days prior to the date of implementation and shall not
				implement such criteria without the prior written approval of the
				Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 514 - Clinical Review Criteria for the Treatment of Mental Illness › Section 514.6 - Incorporation by Reference

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the Guiding Principles for the Review and
				  Approval of Clinical Review Criteria for Mental Health Services, which have
				  been incorporated by reference in this Part, have been filed in the Office of
				  the Secretary of State of the State of New York, the publication so filed being
				  the document entitled: Guiding Principles for the Review and Approval of
				  Clinical Review Criteria for Mental Health Services (Issued November 25, 2019;
				  Revised June 15, 2022). This document incorporated by reference may be examined
				  at the Office of the Department of State, 99 Washington Ave., Albany, NY 12231
				  or obtained from the Office of Mental Health, Records Access Officer, 44
				  Holland Ave., Albany, NY 12229 or available on the Office of Mental Health
				  website.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the
				exception of section
				517.10,
				this Part applies to transfer or other change of accommodation of a patient
				from a psychiatric hospital to a psychiatric hospital other than Mid-Hudson
				Psychiatric Center (transfer to which is governed by Part 57 of this Title).
				This Part replaces Part 17 of this Title as it relates to such transfers and
				changes of accommodation.
(b)
				Section
				517.10 
				of this Part applies to facilities, agencies or programs, other than
				psychiatric hospitals, which refer patients for admission to a State-operated
				psychiatric center. Such facilities, agencies or programs may or may not be
				certified by the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.2 - 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 the commissioner's
				jurisdiction.
(b) Section 29.11  of the Mental Hygiene Law authorizes
				the Commissioner of Mental Health to order or approve the transfer of a patient
				from one facility, as defined in section 1.03  of the Mental Hygiene Law, to another
				appropriate facility. This same section authorizes the commissioner to arrange
				for the interim or emergency accommodation of patients.
(c) Section 29.01  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the authority to adopt regulations governing
				admissions to hospitals and to prescribe and furnish forms for use in
				procedures for admission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.3 - Terms and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Clinical
				director means the person in charge of clinical services at the hospital where
				the patient is receiving care and treatment.
(b) Commissioner means the Commissioner of
				Mental Health.
(c) Director means
				the person in charge of a hospital, whether known or referred to as director,
				superintendent or otherwise.
(d)
				Guardian means a guardian, trustee, legal committee, conservator or other
				person who is charged by law with power to act for or responsibility for a
				person afflicted with mental illness.
(e) Hospital or psychiatric hospital means a
				hospital as defined in section 1.03  of the Mental Hygiene Law.
(f) Informal patient, voluntary patient,
				involuntary patient and emergency patient mean a patient on informal,
				voluntary, involuntary or emergency admission status, respectively, pursuant to
				article 9 of the Mental Hygiene Law.
(g) Is likely to result in immediate serious
				physical harm to self or others means:
(1)
				poses a substantial risk of immediate physical harm to self as manifested by
				present threats of or attempts at suicide or serious bodily harm demonstrating
				that the patient is dangerous to self; or
(2) poses a substantial risk of immediate
				physical harm to other persons as manifested by present homicidal or other
				violent behavior by which others are placed in reasonable fear of serious
				physical harm.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.4 - Transfer by order

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Who may
				apply for order.
Application for an order of transfer for a patient may be
				  made by the patient, by a significant other or guardian of the patient, or by
				  the sending hospital's director or the designee thereof.
(b)
Content of application.
(1) Written application for an order of
				transfer should be made on Forms A and B in subdivisions (k)-(l) of this
				section. Such application shall include the following:
(i) the reasons for the application,
				indicating how the patient is expected tobenefit from the transfer;
(ii) the name and address of the applicant
				and the applicant's relationship to the patient;
(iii) the name of the hospital where the
				patient currently resides and the name of the hospital to which transfer is
				proposed;
(iv) the age of the
				patient;
(v) the admission status
				of the patient;
(vi) the written
				consent of the patient (or the patient's parent or guardian, if appropriate) or
				a summary of the appeal procedure and result (see paragraph [c][3] of this
				section); and
(vii) the written
				consent of the receiving hospital, if application is not being made directly to
				the receiving hospital.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.5 - Transfer of emergency patient

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				A patient on emergency admission status may be admitted to another hospital
				pursuant to the provisions of article 9 of the Mental Hygiene Law governing
				involuntary admission on application supported by medical certification,
				without the necessity of obtaining an order of transfer.
(b) When transfer of a patient is effected
				pursuant to subdivision (a) of this section:
(1) the sending hospital shall give to the
				Mental Hygiene Legal Service prior written notice of such transfer;
				and
(2) the receiving hospital
				shall give notice in accordance with section
				517.4(i) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.7 - Interim accommodation of patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may authorize the
				director of a hospital (referred to in this section as the "evacuating
				hospital") to arrange with one or more directors of OMH hospitals, designated
				by the commissioner or a designee thereof, for the interim accommodation of
				patients, upon a determination by the commissioner or designee that a potential
				hazard to patients and staff will occur at the evacuating hospital as a result
				of overcrowding caused by:
(1) major
				renovation of existing space;
(2)
				planned demolition of existing space; or
(3) revocation or suspension of an OMH
				operating certificate pursuant to Part 73 of this Title, requiring the removal
				of patients.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.8 - Emergency accommodation of patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may authorize the
				director of a hospital (referred to in this section as the "evacuating
				hospital") to arrange with one or more directors of OMH hospitals, designated
				by the commissioner or a designee thereof, for the immediate emergency
				accommodation of patients, upon a determination that:
(1) overcrowding presently exists at the
				evacuating hospital because of a scarcity of space; or
(2) an unforeseen occurrence or act has
				created a hazard which immediately renders a significant portion of one or more
				buildings of the evacuating hospital unfit for its normal use and will result
				in overcrowding of remaining space.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.9 - Transportation of patient

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise agreed to by both hospitals, transportation of the patient between
				the sending and receiving hospitals shall be provided by the sending hospital
				or by the patient's significant others. Before permitting significant others to
				transport the patient, the sending hospital shall consult with the patient and
				shall determine that there are no contraindications to granting such
				permission.
(b) A female patient
				transported pursuant to subdivision (a) of this section must be accompanied by
				another female or the patient's father, brother, husband or son.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals › Section 517.10 - Referral of patient for admission to a state-operated psychiatric center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Referral
				process. No person under 21 years of age who is a recipient of medical
				assistance shall be referred for admission to a State-operated psychiatric
				center unless the referring entity shall first have certified, pursuant to this
				section, the patient's need for inpatient treatment. Such certification shall
				be made on forms approved by the Office of Mental Health.
(b) Content of certification. The
				certification of need, completed by the referring entity, shall include a
				written attestation of the following:
(1)
				ambulatory care resources available in the community do not meet the treatment
				needs of the patient;
(2) proper
				treatment of the patient's psychiatric condition requires services on an
				inpatient basis under the direction of a physician; and
(3) inpatient treatment can reasonably be
				expected to improve the patient's condition or prevent further regression so
				that the services will no longer be needed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 520 - Access To Or Amendment/correction Of Records › Section 520.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the Office of Mental Health (OMH) to fully
				comply with the provisions of article 6-A of the Public Officers Law, the
				Personal Privacy Protection Law.
(b) OMH shall maintain in its records only
				such personal information that is relevant and necessary to accomplish the
				purpose of the agency.
(c) Personal
				information will be collected, whenever practicable, directly from the person
				to whom the information pertains, except when collected about a person
				receiving services at a facility or when collected for the following purposes:
(1) making quasi-judicial
				determination;
(2) determining
				whether to issue, deny, revoke, suspend, limit, amend or renew an operating
				certificate; or
(3) determining
				whether to take administrative or criminal action to restrain or prosecute
				violations of law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 520 - Access To Or Amendment/correction Of Records › Section 520.2 - 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) Article 6-A of
				the Public Officers Law sets forth agency obligations for maintaining,
				disclosing, granting access to and retention of records containing personal
				information about individuals, and requires the Office of Mental Health to
				establish rules and regulations necessary to comply with the article.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 520 - Access To Or Amendment/correction Of Records › Section 520.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to requests for access to, or amendment or correction of records
				maintained by the Office of Mental Health.
(b) Nothing in this Part shall require OMH to
				grant access to or amend or correct any record not otherwise required by the
				Personal Privacy Protection Law, such as a clinical record or attorney's work
				product or material prepared for litigation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 520 - Access To Or Amendment/correction Of Records › Section 520.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Data subject
				shall mean any natural person about whom personal information has been
				collected by an agency.
(b) Privacy
				impact statement shall mean a written disclosure to the Committee on Open
				Government describing a system of records maintained by an agency from which
				personal information is retrievable by use of a name or other identifier of a
				data subject.
(c) Record shall mean
				any item, collection or grouping of personal information about a data subject
				which is maintained and is retrievable by use of the name or other identifier
				of the data subject. The term record shall not include personal information
				which is not used to make any determination about the data subject if it is:
(1) a telephone book or directory which is
				used exclusively for telephone and directory information;
(2) any card catalog, book or other resources
				material in any library;
(3) any
				compilation of information containing names and addresses only which is used
				exclusively for the purpose of mailing agency information;
(4) personal information required by law to
				be maintained and required by law to be used, only for statistical research or
				reporting purposes;
(5) information
				required by the agency which is necessary for the agency to answer unsolicited
				requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 520 - Access To Or Amendment/correction Of Records › Section 520.6 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record
				pursuant to section
				520.5 
				of this Part may, within 30 days of such denial, appeal the denial.
(b) A failure to grant or deny access to
				records within five business days of the receipt of a request or within 30 days
				of an acknowledgment of the receipt of a request, or a failure to respond to a
				request for amendment or correction of a record within 30 days of receipt of
				such a request shall be construed as a denial that may be appealed.
(c) Any denial may be appealed to:
Counsel
Office of Mental Health
44 Holland Avenue
Albany, NY 12229
(d) The time for deciding an appeal shall
				commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				record, amendment or correction of a record;
(2) the record that is the subject of the
				appeal; and
(3) the name and return
				address of the appellant.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 520 - Access To Or Amendment/correction Of Records › Section 520.7 - Statement of disagreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				data subject who has, upon appeal, been denied amendment or correction of a
				record files a statement of disagreement with the Office of Mental Health, the
				Office of Mental Health shall:
(1) clearly
				note any portions of the record that are disputed; and
(2) attach the data subject's statement as
				part of the record.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				policy of the State of New York to seek the establishment of a system of
				community mental health services for the mentally ill. Towards this end, the
				commissioner and the Office of Mental Health wish to encourage voluntary
				agencies and local governments to acquire the facilities to provide these
				services. In accordance with this policy and these desires, the Legislature has
				authorized the commissioner to reimburse up to 50 percent of eligible capital
				costs incurred in the development of such facilities.
(b) The purpose of this Part is to set forth
				the requirements, conditions and regulations regarding the granting of a State
				aid grant from the Office of Mental Health, pursuant to article 41 of the
				Mental Hygiene Law, and/or a Housing Finance Agency mortgage loan, pursuant to
				article 75 of the Mental Hygiene Law, for the funding of up to 50 percent of
				the eligible capital costs associated with the development of community mental
				health facilities or a Facilities Development Corporation mortgage loan
				pursuant to section five of the Facilities Development Corporation Act, for up
				to 100 percent of the eligible capital costs associated with the development of
				such community mental health facilities.
(c) A further purpose is to set forth the
				conditions and requirements for such development and facility operation, as
				well as to provide for the security of the interest of the OMH in the
				facilities so funded.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.07  of the Mental Hygiene Law sets forth
				the authority of OMH for assuring the development of plans, services and
				programs for the mentally ill. The office has the responsibility to provide
				appropriate facilities and encourage the provision of facilities by local
				governments and community organizations and agencies.
(b) Sections 7.09 and
				31.04  of the Mental Hygiene Law grant the
				Commissioner of Mental Health the power and responsibility to adopt rules and
				regulations necessary and proper to implement any matter under his
				jurisdiction.
(c) Sections 41.15, 41.18 and 41.23  of the Mental Hygiene Law
				set forth the authority of the Office of Mental Health to provide State aid
				funding for the capital costs for community mental health facilities, pursuant
				to a local services or unified services plan.
(d) Sections 75.17 and
				75.19  of the Mental Hygiene Law set forth
				the authority of the commissioner to approve mortgage loans for funds available
				from the Housing Finance Agency.
(e) Section 75.25  of the Mental Hygiene Law sets forth
				the authority of the commissioner to make, alter, amend and repeal rules and
				regulations for the supervision, examination, regulation and audit of
				companies.
(f) Subdivision 13-c of
				section 5 of the Facilities Development Corporation Act sets forth the
				authority of the commissioner to promulgate regulations with respect to
				financing or refinancing of community facilities by voluntary agencies with the
				proceeds of funds realized from the sale of tax-exempt bonds and notes issued
				by Medical Care Facilities Finance Agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to any applicant, as defined herein eligible for, or seeking to obtain, a
				State aid grant, a mortgage loan from the Facilities Development Corporation
				and/or a mortgage loan from the Housing Finance Agency for the purpose of
				funding the eligible capital costs associated with the acquisition,
				construction, reconstruction or rehabilitation of a community mental health
				facility, pursuant to articles 41 and/or 75 of the Mental Hygiene
				Law.
(b) This Part supersedes Part
				101 of this Title as it relates to community facilities where services for the
				mentally ill are provided in accordance with the Office of Mental Health's
				standards.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant. A
				local government, voluntary agency, or company which has applied for a State
				aid grant, a Facilities Development Corporation mortgage loan or a Housing
				Finance Agency mortgage loan pursuant to article 41 and/or article 75 of the
				Mental Hygiene Law.
(b)
				Commissioner. The Commissioner of the Office of Mental Health.
(c) Community mental health facility. A
				program located at a specified site in the community where services for the
				mentally ill are provided in accordance with the OMH standards.
(d) Company. A community mental health
				services company duly incorporated pursuant to the provisions of the
				Not-for-Profit Corporation Law and article 75 of the Mental Hygiene Law for the
				purpose of providing care, treatment, training, education and/or residential
				services for the mentally ill and, such facilities as may be incidental
				thereto.
(e) Eligible capital costs
				for a State aid grant. The actual costs incurred by an applicant for a State
				aid grant with respect to site development, architectural/engineering services,
				site/building acquisition, construction/rehabilitation, original furnishings
				and equipment, and other costs of a local facility as defined in article 41 of
				the Mental Hygiene Law or as allowed by the Office of Mental Health. Such costs
				associated with Housing Finance Agency mortgage loans are referred to as
				"project costs" pursuant to article 75 of the Mental Hygiene Law.
(f) Eligible capital cost for a housing
				finance agency mortgage loan. Capital costs (referred to as "project costs" in
				section 75.05  of the Mental Hygiene Law) eligible
				for an Housing Finance Agency mortgage loan may only include costs incurred by
				the applicant pursuant to article 75 of the Mental Hygiene Law.
(g) Local government. A county, except a
				county within the City of New York, and the City of New York.
(h) Local governmental unit. The unit of
				local government given authority in accordance with article 41 of the Mental
				Hygiene Law by local government to provide local or unified services for the
				mentally ill.
(i) Voluntary agency.
				A corporation organized or existing pursuant to the Not-for-Profit Corporation
				Law and/or article 75 of the Mental Hygiene Law to provide local or unified
				services for the mentally ill.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.5 - Program and fiscal requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Local governments, voluntary agencies, companies and sponsors or proposed
				incorporators may apply for State aid grant, and/or HFA mortgage
				loan.
(b) A completed application
				must be submitted to the OMH in the format and on forms prescribed by the
				commissioner.
(c) A certificate of
				need application must be submitted pursuant to OMH regulations and
				conditionally approved prior to the payment of State aid grant funds.
(d) The applicant must agree to be bound by,
				and execute the documents necessary to insure compliance with the assurances
				contained in section
				521.10 
				of this Part.
(e) The applicant
				will comply with the following fiscal and bookkeeping requirements:
(1) The applicant for a State aid grant is
				required to establish and maintain accounting and fiscal records in a manner
				approved by the OMH to reflect the receipt and expenditure of funds allotted
				and paid for capital costs. Similar suitable accounts shall be maintained to
				show receipt and disbursement of Federal, local or other funds used for
				matching purposes.
(2) The
				applicant will demonstrate to the OMH, by submission of adequate documentation
				that sufficient funds will be available to the applicant to enable the
				applicant to meet the nonstate aid grant share, as provided for under these
				regulations, of the capital cost of the project.
(3) The applicant will demonstrate to OMH
				that sufficient funds will be available when the capital portion of the project
				is completed for effective use of the facility for the purposes for which the
				State aid grant has been provided.
(4) The OMH shall have access to the books,
				records and physical site of any facility receiving a State aid
				grant.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.6 - Title requirements for property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the time of receiving a State aid
				grant, the applicant must be able to demonstrate to the Office of Mental Health
				that the applicant will possess property rights over the facility that are of
				sufficient quality and are for the requisite duration.
(1) For the purposes of this subdivision, the
				following definitions shall apply:
(i)
				Possession of property rights means that these rights are presently held by the
				applicant or that the applicant is under contract to acquire them.
(ii) Property rights means the ability to
				possess and use the premises and includes a fee simple, a fee on limitation, a
				rental agreement, a contract, a contract coupled with possession or a
				cooperative interest.
(iii)
				Sufficient quality means that the applicant will be able to utilize the
				property for the intended purpose without the risk of losing rights to the
				property. It is such an interest, when viewed in conjunction with recorded
				documents or secured contractual agreements, which provides for undisturbed use
				and possession for the purposes of the facility.
(iv) Requisite duration means that the
				applicant can use the premises for the period of time required for program
				operation at the facility. This period of time is specified in section
				521.10(a)(6) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.7 - Method of payment of state aid grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payments shall be made pursuant to an
				installment schedule determined by the OMH. Upon completion of the project, an
				audit shall be conducted by the OMH. A final payment will be made upon
				completion of the audit and its acceptance by the OMH and the State
				Comptroller.
(b) Certification that
				payment of any of the scheduled installments due to an applicant may be subject
				to inspection by OMH to determine that the work has been performed upon a
				project or that purchases have been made in accordance with the approved plans
				and specifications.
(c) OMH, in its
				sole discretion, may require the State aid grant funds be disbursed to third
				parties, held in escrow, or paid to the applicant in some other secured and
				protected manner to assure that the proper use is made of such loans.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.8 - Fees and charges in connection with a state aid grant or housing finance agency mortgage loan

Current through Register Vol. 46, No. 28, July 10, 2024
All fees and charges associated with the acquisition of a
				  State aid grant or Housing Finance Agency mortgage loan shall be at a rate
				  determined by the Office of Mental Health and Housing Finance Agency. All fees
				  and charges associated with the acquisition and operation of the Facilities
				  Development Corporation mortgage loan program shall be at a rate determined by
				  the Office of Mental Health and approved by the Director of the Division of the
				  Budget.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.9 - Local governmental unit approval of the project

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant must procure written
				approval of the project from the local governmental unit or appeal the
				withholding of that approval to the OMH.
(b)
(1)
				Certification, in the case of an application for a Housing Finance Agency or
				Facilities Development Corporation mortgage loan, that the project is
				consistent with its plan for the provision of services for the mentally
				disabled; and/or
(2) Written
				agreement, in the case of application for a State aid grant, unless the
				applicant is a local government.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.11 - Third parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				applicant has received the prior written approval of the Office of Mental
				Health to authorize a third party to operate the facility or which a State aid
				grant or Housing Finance Agency mortgage pursuant to this Part is sought or has
				been received, then the applicant will obtain contractual assurances equivalent
				to the assurances contained in this Part from any such agency. The OMH shall at
				all times retain the authority to review such contractual arrangements and
				determine their adequacy.
(b) If
				the applicant intends to enter into a rental agreement or other agreement
				whereby the applicant obtains possession to the premises upon which the
				facility will be located, with an entity which is owned or controlled by the
				applicant, the applicant will require that entity to contractually agree to
				permit the OMH, its designees or representatives to have access to the books of
				that entity as they relate to the subject premises. Such contractual
				arrangements will be made on the advice and consent of the OMH. The OMH may
				waive this requirement when in the sole discretion of the OMH it is appropriate
				to do so.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.12 - Conflicts of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
				who is a director, officer or employee of the applicant or an officer or
				employee of the State and no firm, organization, corporation, or partnership in
				which any such person, his or her spouse, children, or parents has any
				interest, direct or indirect, may receive, by contract or otherwise, funds
				granted by the State.
(b) Upon the
				written request by the applicant the OMH may waive the provisions of
				subdivision (a) of this section by giving prior written approval after full
				disclosure of all relevant facts and circumstances.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 521 - Financial Assistance For Capital Acquisition And Construction › Section 521.14 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any section, paragraph or provision of this Part shall be
				  adjudged by any court of competent jurisdiction to be invalid, such judgment
				  shall not affect, impair or invalidate the remainder thereof but shall be
				  confined in its operation to the section, paragraph or provision thereof
				  directly involved in the controversy in which such judgment has been
				  rendered.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 522 - Directors of Mental Hygiene Facilities As Representative Payees › Section 522.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all facilities operated or licensed
				  by the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 522 - Directors of Mental Hygiene Facilities As Representative Payees › Section 522.3 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law authorizes
				the Commissioner to adopt regulations necessary and proper to implement any
				matter under his or her jurisdiction.
(b) Section 29.23  of the Mental Hygiene Law authorizes
				directors of facilities operated by the Office of Mental Health to receive or
				obtain funds or certain personal property due or belonging to individuals
				receiving services from their facilities up to an amount or value not exceeding
				twenty-five thousand dollars, and to seek to place, to the extent permissible
				by law, funds in excess of the appropriate eligibility level for government
				benefits into a Medicaid exception trust, including a special needs trust or
				similar device, after the needs of the individual have been met. The statute
				also mandates the director to seek to establish such a trust when the director
				receives a windfall payment on behalf of an individual which, in combination
				with other funds held on behalf of such person, would cause the individual to
				become ineligible for government benefits.
(c) Section 33.07  of the Mental Hygiene Law requires
				the Commissioner of the Office of Mental Health to promulgate regulations
				regarding the management and protection of funds received by facility directors
				as representative payees for individuals receiving services from their
				facilities. The statute also mandates the director of a facility operated by
				the Office of Mental Health to seek to establish a Medicaid exception trust,
				including a special needs trust or similar device, when the director receives a
				lump sum retroactive benefit, as defined in the statute, in his or her capacity
				as representative payee on behalf of an individual which, in combination with
				other funds held on behalf of such person, would cause the individual to become
				ineligible for government benefits.
(d)
									20 C.F.R. Section
				404.2040(d) provides that
				representative payees may not be required to use benefit payments to satisfy a
				debt of the beneficiary, if the debt arose prior to the first month for which
				payments are certified to a payee. If the debt arose prior to this time, a
				payee may satisfy it only if the current and reasonably foreseeable needs of
				the beneficiary are met.
(e)
				Section 43.03  of the Mental Hygiene Law recognizes
				that although the Commissioner of the Office of Mental Health is authorized to
				reduce or waive fees in cases of inability to pay or other reason, the patient,
				and any fiduciary or representative payee holding assets for him or her, or on
				his or her behalf are jointly and severally liable for the fees for services
				rendered to the patient.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 522 - Directors of Mental Hygiene Facilities As Representative Payees › Section 522.5 - Determination of need for representative payee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a question is raised as to whether a
				beneficiary is capable of managing his or her benefits, the treatment team or,
				in the case of a facility licensed by the Office, staff assigned to the
				beneficiary shall meet to determine whether a physician should examine the
				beneficiary and assess the beneficiary's capacity to manage or direct the
				management of benefits in his or her own best interest. This meeting shall be
				documented in the beneficiary's clinical or other appropriate record.
(b) In the event that the beneficiary has
				been referred for examination, a physician shall conduct the examination and
				notify the facility director regarding the physician's determination as to
				whether the beneficiary is capable of managing or directing the management of
				benefits in his or her own best interest.
(c) A facility director shall not apply to
				serve as fiduciary or representative payee for a beneficiary who is receiving
				services from a facility and does not already have a representative payee
				unless:
(1) a physician determines that the
				beneficiary is not capable of managing or directing the management of benefits
				in his or her own best interest, which determination shall be documented in the
				beneficiary's clinical or other appropriate record; and
(2) notice of the facility director's intent
				has been provided pursuant to Section 522.6(a)  of this Part or, if notice has
				not been provided, the reason for not providing notice is documented in the
				beneficiary's clinical or other appropriate record.