14 CRR-NY 635-12.10NY-CRR
STATE 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 635. GENERAL QUALITY CONTROL AND ADMINISTRATIVE REQUIREMENTS APPLICABLE TO PROGRAMS, SERVICES OR FACILITIES FUNDED OR CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
SUBPART 635-12. LIABILITY FOR SERVICES
14 CRR-NY 635-12.10
14 CRR-NY 635-12.10
635-12.10 Denial, discharge or discontinuation of services.
(a) Preexisting services.
A provider may not discharge an individual from preexisting services or otherwise discontinue preexisting services to an individual because of failure to pay.
(b) Services other than preexisting services—denial of services.
(1) The provider may deny the request for services:
(i) if the individual does not have full Medicaid coverage; and
(ii) if the provider has not received reasonable assurance that the individual or other liable party will pay for the services in accordance with this Subpart; and
(iii) if the fees have not been waived.
(2) Notwithstanding the provisions of paragraph (1) of this subdivision, a provider may not deny services to an individual if the provision of services is otherwise required by law or court order.
(c) Services other than preexisting services—discharge or discontinuance of services.
(1) A provider may discharge an individual from services or otherwise discontinue services because of failure to pay.
(2) Providers must adhere to the provisions of section 633.12 of this Title and any law or regulation that applies to the discharge or discontinuation of services.
(3) Notwithstanding the provisions of paragraph (1) of this subdivision, a provider may not discharge an individual from services or discontinue services if the continuation of services is otherwise required by law or court order.
(d) Effect on liability for services.
(1) The responsibility of individuals and other liable parties to pay for services is not affected by any requirement in this section that providers continue to provide services to the individual despite failure to pay.
(2) The responsibility of individuals and other liable parties to pay for services continues during the time that proceedings are underway to discharge the individual or otherwise discontinue services.
14 CRR-NY 635-12.10
Current through June 30, 2021
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