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

(b) Requirements concerning events and situations that are not under the auspices of an agency are found in this Part. (Note that requirements concerning events and situations that are under the auspices of an agency are in Part 624 of this Title.)

(c) The requirements of this Part apply to events and situations that occur on or after June 30, 2013.

(d) Intermediate Care Facilities (ICFs, see Part 681 of this Title), including State operated developmental centers, must also comply with the requirements of 42 CFR part 483. Events and situations involving ICF residents that meet the definitions of abuse and other violations under the Federal regulation, but do not occur under the auspices of the ICF, must be reported and thoroughly investigated in accordance with Federal requirements in 42 CFR part 483 that are more stringent than requirements of this Part.

(e) 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 required to report and address events and situations that are not under the auspices of an agency in accordance with this Part. Such certified programs are not, however, required to report deaths to the Justice Center.