New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals
Section 517.10 - Referral of patient for admission to a state-operated psychiatric center

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 517.10

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Referral process. No person under 21 years of age who is a recipient of medical assistance shall be referred for admission to a State-operated psychiatric center unless the referring entity shall first have certified, pursuant to this section, the patient's need for inpatient treatment. Such certification shall be made on forms approved by the Office of Mental Health.

(b) Content of certification. The certification of need, completed by the referring entity, shall include a written attestation of the following:

(1) ambulatory care resources available in the community do not meet the treatment needs of the patient;

(2) proper treatment of the patient's psychiatric condition requires services on an inpatient basis under the direction of a physician; and

(3) inpatient treatment can reasonably be expected to improve the patient's condition or prevent further regression so that the services will no longer be needed.

(c) Who may complete the certification of need form. The certification of need form shall be completed by a team of two or more individuals who are independent of the Office of Mental Health. Such team, which has knowledge of the individual's situation, and has competence in the diagnosis and treatment of mental illness, preferably in child psychiatry, shall include a physician.

(d) Exceptions to the process for referral.

(1) An expedited referral of a patient to a State-operated psychiatric center may be completed when services are necessary to prevent serious impairment or deterioration of the health of a patient, or to prevent immediate serious physical harm to the patient or others. Such expedited referrals do not require the completion of a certification of need form by the referring entity. In such cases, the State-operated psychiatric center shall complete the certification of need form within 14 days after the patient's admission.

(2) Referring entities which do not have access to a team as described in subdivision (c) of this section may request that the commissioner or his designee grant an exemption from the provisions of this section.

(e) Admission criteria. Nothing in this section shall alter a State-operated psychiatric center's authority regarding the admission of patients to such facilities. No patient referred by a referring entity shall be admitted to a State-operated psychiatric center unless the patient meets the admission criteria of the State-operated psychiatric center.

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