New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 504 - Placement Of Individuals Leaving Transitional Care Funding
Section 504.5 - Placement process

(a) An individual receiving transitional care funding shall be interviewed and his/her clinical records evaluated for purposes of making a determination regarding an appropriate placement and services for care and treatment.

(b) An appropriate placement and services will be sought which meet the individual's needs for care and treatment, as determined by appropriate clinicians exercising professional judgement. The Office of Mental Health shall also honor all requests for information regarding non-residential services, including but not limited to at-home family support.

(c) The individual, the individual's guardian, or another individual who has been actively involved in the care of the individual and who can represent the individual's interests, shall be notified in writing of a proposed placement(s) and services.

(d) A visit to the proposed placement(s) shall be arranged for the individual, the individual's guardian, or another individual who has been actively involved in the care of the individual and who can represent the individual's interests. Such preliminary visits are necessary for residential placement. Every effort shall be made to identify a convenient time for all concerned.

(e) A refusal to visit the proposed placement(s) and/or services shall constitute refusal of placement, at which time the commissioner or his/her designee shall notify the appropriate local department of social services which shall discontinue funding for transitional care for the individual.

(f) Following a visit to the proposed placement, the individual, the individual's guardian, or another individual who has been actively involved in the care of the individual and who can represent the individual's interests shall be notified in writing of the placement determined to be appropriate and the approximate date of transfer. Such notification shall include the program description and services to be provided and shall identify a person(s) to whom questions regarding the placement may be directed, an explanation of the administrative review process, and information regarding the availability of the Mental Hygiene Legal Service.

(g) An individual receiving transitional care funding, the individual's guardian or another individual actively involved in the care of the individual and who can represent the individual's interests may choose to remain in the current placement, or otherwise chose not to accept a placement identified as appropriate by the Office of Mental Health. The Office of Mental Health shall notify the local department of social services which shall discontinue funding for transitional care for the individual.