14 CRR-NY 681.99NY-CRR
14 CRR-NY 681.99
14 CRR-NY 681.99
The person designated by the governing body to be responsible and accountable for the daily operation of the intermediate care facility. The administrator shall be:
(1) a qualified intellectual disability professional as defined in 42 CFR part 483 with a minimum of two years of administrative experience in a program for people with developmental disabilities;
(2) a person licensed by the State of New York as a nursing home administrator; or
(3) a person with at least a bachelor's degree in administration if the administrative staff of the intermediate care facility includes a person meeting the qualifications described in either paragraph (1) or (2) of this subdivision.
(b) Agency, sponsoring.
A unit of government, a voluntary agency or any other person or organization which intends to establish or operate a community residential facility for persons with developmental disabilities.
The maximum number of individuals who may reside in the intermediate care facility. This is specified on the operating certificate.
(d) Standards of certification.
Those criteria which OPWDD specifies as necessary to be met in order for an agency/facility to demonstrate that the facility can and does provide the appropriate environment to adequately address the matters of quality of care and the welfare of individuals admitted to the facility, rights, safety, and/or fiscal accountability. Surveys in community based ICF/DD's are conducted for the purpose of documenting conformity with standards of certification, and such conformance is the basis for issuing an operating certificate and/or renewing an operating certificate.
The Commissioner of the New York State Office for People With Developmental Disabilities.
(f) Principles of compliance.
Identified required expectations and areas of concern to be addressed by an agency/facility. This includes both philosophically based parameters of operation and administration which have emanated from experience as being relevant to the efficient and effective delivery of quality care; and those items for which OPWDD considers agencies/ facilities must be responsible, but over which they shall have discretion and flexibility as to how any administrative solution will be designed and implemented as long as it is in accordance with the applicable sections of this Part. The policies/procedures developed by the agency/facility shall reflect such solutions to achieve the principles of compliance as set forth in regulations of the commissioner. Principles of compliance are, in fact, requirements of participation as a certified facility. While OPWDD expects and assumes compliance, and reserves the right to monitor compliance at any time pursuant to the responsibilities of the commissioner under the Mental Hygiene Law, facilities will not routinely be examined against principles of compliance at surveys for recertification.
(g) Individual with the ability to give consent.
As used in section 681.13 of this Part, a person:
(1) who has not been determined to lack capacity by a court of competent jurisdiction;
(2) who is not a minor, unless married;
(3) who understands and appreciates the nature and consequences of a proposed service plan and its span of interventions, as well as a range of related treatment approaches, if such have been prepared on a contingent basis;
(4) who understands and appreciates the benefits and significant risks, and alternatives, thereto; and
(5) who can make a decision in a knowing and voluntary manner, based on the information provided.
(h) Disability, developmental.
A developmental disability as defined in section 1.03(22) of the Mental Hygiene Law.
As used in section 681.13 of this Part, a party (or parties) appointed by a court of competent jurisdiction to make personal care decisions for an individual determined to have insufficient capacity to make said decisions for himself or herself.
(j) Actively involved.
Significant and ongoing involvement in an individual's life so as to have sufficient knowledge of the individual's needs.
(k) Actively involved adult family member.
Someone 18 years of age or older who is related to a person in a facility and who has demonstrated, in the opinion of the interdisciplinary team, significant and ongoing involvement in the individual's life, as well as sufficient knowledge of the individual's needs.
Anyone under the age of 18, unless that individual is married.
The Office for People With Developmental Disabilities.
For purposes of this Part, a child or adult with a diagnosis of developmental disability, who has been or is being served by a State, private or voluntary operated facility certified by OPWDD. For the purposes of this Part, 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.
(o) Service plan.
That portion of an individual program plan that states an objective necessary to meet an individual's identified need(s) and the planned sequence of methods or interventions for meeting that objective. The service plan can include a span of interventions, with specific limitations, should adjustment of that plan be necessary.
(p) A service plan constitutes an untoward risk to an individual's protection or rights. As used in section 681.13 of this Part, plans, including those designed to manage inappropriate behavior, which may impact negatively upon the rights or protection afforded individuals in an ICF/DD, including, but not limited to, the use of time-out rooms, physical restraints, medication, and the application of painful or noxious stimuli. Such “risks” do not include those typically associated with participation in normal activities; or those that are reasonable, foreseeable, and appropriate in relation to a service plan.
Any means, including, but not limited to, observation, interview, and the written word that provides OPWDD with a basis for being reasonably assured that a requirement is met.
14 CRR-NY 681.99
Current through June 30, 2021
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