14 CRR-NY 602.99NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER XIV. OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
PART 602. UNIFORM HEARING PROCEDURES
14 CRR-NY 602.99
14 CRR-NY 602.99
602.99 Glossary.
(a) Commissioner—the commissioner of the New York State Office for People With Developmental Disabilities, or authorized representative.
(b) Community residence—a program licensed under Part 686 of this Title, or applying for licensure pursuant to Part 620 of this Title.
(c) CPLR—the New York Civil Practice Law and Rules.
(d) Day—such number of calendar days exclusive of the calendar day from which the reckoning is made. If such period is a period of two days, Saturday, Sunday or a public holiday must be excluded from the reckoning if it is an intervening day between the day from which the reckoning is made and the last day of the period. In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning.
(e) Finding that a person's health or safety was in imminent danger means that OPWDD has reason to believe that the physical or psychological well-being of a person(s) was in danger.
(f) Hearing officer—the commissioner or his or her authorized representative designated for the purpose of conducting or participating in an appeal proceeding pursuant to the Mental Hygiene Law and/or regulations promulgated pursuant thereto. Such a representative must be an attorney-at-law who is a member in good standing of the New York State Bar.
(g) Individual/individuals—for the purposes of this Part, a minor or adult with a diagnosis of developmental disability, who has been or is being served by a facility which is operated or certified by OPWDD. This shall include children or adults who have applied to or have been screened for services for whom a clinical record is maintained or possessed by such a facility.
(h) ICF/DD—an intermediate care facility for persons with developmental disabilities.
(i) Office—the Office for People With Developmental Disabilities or any division thereof.
(j) OPWDD—the Office for People With Developmental Disabilities or any division thereof.
(k) Operating certificate—an operating certificate as defined in section 619.2(c) of this Title.
(l) Person/persons—for purposes of this Part, a minor or adult with a diagnosis of developmental disability, who has been or is being served by a facility which is operated or certified by OPWDD. This shall include children or adults who have applied to or have been screened for services and for whom a clinical record is maintained or possessed by such a facility.
(m) Provider—a party, parties or organization applying for or licensed by the OPWDD to provide services to persons with developmental disabilities.
(n) Report—the hearing officer's summary of the hearing record, including his or her findings of fact, conclusions of law and recommendations.
(o) Specialty hospital—a facility including both program and site for which OPWDD has issued an operating certificate, pursuant to Mental Hygiene Law, article 16, to operate as a specialty hospital, and for which the New York State Department of Social Services has issued a Medicaid provider agreement.
14 CRR-NY 602.99
Current through June 30, 2021
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