(a) This Part is applicable to all facilities and programs that are operated, certified, sponsored, or funded by OPWDD for the provision of services to persons with developmental disabilities.

Use of the term agency throughout the regulation refers to OPWDD Developmental Disabilities State Operations Offices (DDSOOs, see glossary, section 624.20 of this Part) as well as other non-state agencies (see glossary, section 624.20 of this Part) and sponsoring agencies (see glossary, section 624.20 of this Part) that sponsor family care homes.

(b) Intermediate care facilities (see Part 681 of this Title), including State operated developmental centers, must also comply with the requirements of 42 CFR 483. In some instances, these Federal requirements are more stringent than the requirements of this Part.

(c) The requirements of this Part apply to events and situations that are under the auspices (see glossary, section 624.20 of this Part) of an agency. Note that requirements concerning events and situations that are not under the auspices of an agency are set forth in Part 625 of this Title.

(d) Programs that are certified under section 16.03(a)(4) or (5) of the Mental Hygiene Law and are funded by OPWDD, but that are not operated by OPWDD, are not considered to be “facilities and programs that are certified or operated by OPWDD” as that phrase is used throughout this Part. The requirements of this Part apply to reportable incidents and notable occurrences that are under the auspices (see glossary, section 624.20) of such programs, except that such programs are not required to report incidents to the Justice Center’s Vulnerable Persons’ Central Register (VPCR).

(e) The requirements of this Part as revised effective June 30, 2013 are applicable to incidents that occur on and after June 30, 2013. Incidents that occurred prior to June 30, 2013 are subject to the requirements of this Part that were in effect at the time the incidents occurred. Note that the requirements of Part 624 as revised effective June 30, 2013 include provisions concerning the release of records pertaining to allegations of abuse that occurred prior to June 30, 2013 (See section 624.8 of this Part).