New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 587 - OPERATION OF OUTPATIENT PROGRAMS
Section 587.4 - Definitions
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 587.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Recipient-related definitions.
(1)
Adult is an individual
18 years old and over.
(2)
Child is an individual up to 18 years of age and may include
an 18-year-old individual while such individual is currently enrolled in an
outpatient program serving children with a diagnosis of emotional
disturbance.
(3)
Collateral
persons are members of the recipient's family or household, or
significant others who regularly interact with the recipient and are directly
affected by or have the capability of affecting his or her condition and are
identified in the treatment or psychiatric rehabilitation service plan as
having a role in treatment and/or identified in the preadmission notes as being
necessary for participation in the evaluation and assessment of the recipient
prior to admission. A group composed of collaterals of more than one recipient
may be gathered together for purposes of goal-oriented problem solving,
assessment of treatment strategies and provision of practical skills for
assisting the recipient in the management of his or her illness.
(4)
Current impairment in functioning
with severe symptoms means a child must have experienced at least one
of the following within the past 30 days:
(i)
serious suicidal symptoms or other life-threatening self-destructive behaviors;
or
(ii) significant psychotic
symptoms (hallucinations, delusion, bizarre behaviors); or
(iii) behavior caused by emotional
disturbances that placed the child at risk of causing personal injury or
significant property damage; or
(iv) behavior caused by emotional
disturbances that placed the child at substantial risk of removal from the
household.
(5)
Designated mental illness diagnosis is a DSM-III-R diagnosis
(or ICD-9-CM equivalent) other than (i) alcohol or drug disorders, (ii)
developmental disabilities, (iii) organic brain syndromes, or (iv) social
conditions (V-Codes). V-Code 61-20 Parent-Child problem is included for
eligibility for services in clinic treatment programs serving children with a
diagnosis of emotional disturbance. ICD-9-CM categories and codes that do not
have an equivalent in DSM-III-R are not included as designated mental illness
diagnoses.
(6)
Dual
diagnosis refers to those individuals with a designated mental illness
diagnosis, in accordance with this paragraph, and a diagnosis of alcohol or
drug disorders, developmental disabilities, or organic brain syndrome. Such
individuals are considered eligible for treatment in outpatient programs
specifically for treatment of their designated mental illness with
consideration of their associated clinical needs.
(7)
Dysfunction with regard to
adults means deficits in self-care, activities of daily living,
interpersonal relations, adaptation to change or task performance in work or
work-like settings. With regard to children, dysfunction also includes deficits
in adaptation to school, family or other residential settings.
(8)
Serious emotional
disturbance means a child or adolescent has a designated mental
illness diagnosis according to the most current Diagnostic and Statistical
Manual of Mental Disorders (DSM) and has experienced functional limitations due
to emotional disturbance over the past 12 months on a continuous or
intermittent basis. The functional problems must be moderate in at least two of
the following areas or severe in at least one of the following areas:
(i) ability to care for self
(e.g., personal hygiene; obtaining and eating food; dressing;
avoiding injuries); or
(ii) family
life (e.g., capacity to live in a family or family like
environment; relationships with parents or substitute parents, siblings and
other relatives; behavior in family setting); or
(iii) social relationships
(e.g., establishing and maintaining friendships; interpersonal
interactions with peers, neighbors and other adults; social skills; compliance
with social norms; play and appropriate use of leisure time); or
(iv) self-direction/self-control
(e.g., ability to sustain focused attention for a long enough
period of time to permit completion of age-appropriate tasks; behavioral
self-control; appropriate judgment and value systems; decision-making ability);
or
(v) ability to learn
(e.g., school achievement and attendance; receptive and
expressive language; relationships with teachers; behavior in
school).
(9)
Utilization review authority means a person or persons
designated by an outpatient program to perform the function of utilization
review in accordance with section
587.6(l)
of this Part and Part 588 of this Title.
(b) Program definitions.
(1)
Behavioral health
organization or BHO means an entity selected by the
Commissioner of the Office of Mental Health and the Commissioner of the Office
of Alcoholism and Substance Abuse Services pursuant to section 365-m of the New
York State Social Services Law to provide administrative and management
services for the purposes of conducting concurrent review of behavioral health
admissions to inpatient treatment settings, assisting in the coordination of
behavioral health services, and facilitating the integration of such services
with physical health care.
(2)
Child and family clinic plus provider means a licensed clinic
that has been approved by the Office of Mental Health to provide child and
family clinic plus services.
(3)
Concurrent review means the review of the clinical necessity
for continued inpatient behavioral health services, resulting in a non-binding
recommendation regarding the need for such continued inpatient
services.
(4)
Off-site
locations for purposes of providing outpatient services and
reimbursement means any sites in the community where a recipient may
require services.
(5)
Program capacity means the number of recipients who can be
on-site at a given time.
(6)
Program space means discrete space dedicated to the purpose of
the outpatient program and includes all space used by recipients enrolled in
the program.
(7)
Provider
of service means the entity which is responsible for the operation of
a program. Such entity may be an individual, partnership, association or
corporation. For purposes of this Part, unless otherwise noted, the term also
applies to a psychiatric center or institute operated by the Office of Mental
Health.
(8)
Satellite
location of a primary program means a physically separate adjunct site
to a certified clinic treatment program, continuing day treatment program, day
treatment program serving children or intensive psychiatric rehabilitation
treatment program which provides either a full or partial array of outpatient
services on a regularly and routinely scheduled basis (full or part
time).
(c) Service definitions.
(1)
Activity
therapy means therapy designed to assist a recipient in developing the
functional skills and social and environmental supports needed to function more
successfully in current or intended life environments (i.e.,
living, learning, working and social). Such therapy should provide an
opportunity for a recipient to practice the skills and build or sustain the
supports needed to improve functioning.
(2)
Assessment is the
continuous clinical process of identifying an individual's behavioral strengths
and weaknesses, problems and service needs, through the observation and
evaluation of the individual's current mental, physical and behavioral
condition and history. The assessment shall be the basis for establishing a
diagnosis, treatment plan or psychiatric rehabilitation service plan.
(3)
Case management services
are the process of linking the individual to the service system and monitoring
the provision of services with the objective of continuity of care and service.
Case management includes the following components:
(i) Linking. The process of referring the
individual to all required services and supports as specified in the individual
service plan.
(ii) Case-specific
advocacy. The process of interceding on behalf of the individual to gain access
to needed services and supports.
(iii) Monitoring. The process of observing
the individual to assure that needed services and supports are
received.
(4)
Carved-out services are those specialized services that are
not included in the benefit package of a managed care provider, other than a
duly authorized managed special care provider, for all current and future
managed care enrollees, regardless of aid category. Such services are long term
services for individuals with chronic illnesses and include the following:
(i) day treatment programs;
(ii) continuing day treatment
programs;
(iii) intensive
psychiatric rehabilitation programs;
(iv) partial hospitalization;
(v) comprehensive Medicaid case management
(CMCM);
(vi) rehabilitation
services provided to a resident of OMH rehabilitation treatment
services;
(vii) services provided
to children with serious emotional disturbances in designated
clinics.
(5)
Child and family clinic plus services are mental health
screening, comprehensive assessment, in-home services and evidence-based
treatment.
(6)
Clinical
support services are services provided to collaterals, by at least one
therapist, with or without recipients for the purpose of providing resources
and consultation for goal oriented problem solving, assessment of treatment
strategies and provision of skill development to assisting the recipient in
management of his or her illness.
(7)
Comprehensive assessment
is an assessment that follows the American Academy of Child and Adolescent
Psychiatry practice parameters for comprehensive assessment and includes the
regular and methodical use of psychometric tools. This will include collecting
the recipient's mental health history, and any current signs and symptoms of
mental illness or emotional disturbance, identification of child and family
strengths, and the assessment of the data to determine the recipient's mental
health status and need for treatment.
(8)
Crisis intervention
services are activities and interventions, including medication and
verbal therapy, designed to address acute distress and associated behaviors
when the individual's condition requires immediate attention.
(9)
Discharge planning is
the process of planning for termination from a program or identifying the
resources and supports needed for transition of an individual to another
program and making the necessary referrals, including linkages for treatment,
rehabilitation and supportive services based on assessment of the recipient's
current mental status, strengths, weaknesses, problems, service needs, the
demands of the recipient's living, working and social environment, and the
client's own goals, needs and desires.
(10)
Evidence-based
treatment is the application of therapeutic and/or
psychopharmacological approaches that have been scientifically proven to be
effective in the treatment of specific emotional disturbances.
(11)
Family treatment means
therapeutic interventions designed to treat the recipient's psychiatric
condition (whether the recipient is an adult or a minor) to address family
issues that have a direct impact on the symptoms experienced by the recipient,
and to promote successful problem solving, communication, and understanding
between a recipient and family members as it relates to the recipient's
symptoms, treatment, and recovery.
(12)
Health screening
service is the gathering of data concerning the recipient's medical
history and any current signs and symptoms, and the assessment of the data to
determine his or her physical health status and need for referral for noted
problems. The data may be provided by the recipient or obtained with his or her
participation. The assessment of the data shall be done by a nurse
practitioner, physician, physician's assistant, psychiatrist or registered
professional nurse. The assessment of physical health status shall be
integrated into the patient's treatment plan.
(13)
In-home services are
clinic services of a minimum duration of 30 minutes provided by a qualified
mental health professional to a child and/or his or her family, pursuant to his
or her treatment plan, within the child's or family's living
environment.
(14)
Medication therapy means prescribing and/or administering
medication, reviewing the appropriateness of the recipient's existing
medication regimen through review of records and consultation with the
recipient and/or family or caregiver, and monitoring the effects of medication
on the recipient's mental and physical health.
(15)
Medication education
means providing recipients with information concerning the effects, benefits,
risks and possible side effects of a proposed course of medication.
(16)
Mental health screening
is a broad-based approach to identify children and adolescents with emotional
disturbances and intervene at the earliest possible opportunity.
(17)
Preadmission screening
is the initial face-to-face process of contacting, interviewing and evaluating
a potential recipient of mental health services to determine the individual's
need for services.
(18)
Psychiatric rehabilitation goal setting is the process by
which a recipient selects a specific environment in which he or she intends to
live, work, learn, and/or socialize. The psychiatric rehabilitation goal
identifies a specific environment, specific time frames, and is mutually agreed
upon by the recipient and the staff.
(19)
Psychiatric rehabilitation
treatment means therapeutic interventions designed to increase the
functioning of a person with psychiatric disabilities so that he or she can
succeed in a community environment of living, working, learning and social
relationships.
(20)
Psychiatric rehabilitation functional and resource assessment
is the process by which the recipient and practitioner develop an understanding
of the skills the recipient can and cannot perform and the social and
environmental resources that are available related to achieving the recipient's
psychiatric rehabilitation goals.
(21)
Psychiatric rehabilitation
readiness determination means an interview and observation process
which evaluates rehabilitation readiness based on a recipient's perceived need,
motivation, and awareness of the process involved in making a change in his or
her life.
(22)
Psychiatric
rehabilitation service planning is the process of designing and
continuously revising an individualized program to assist the patient in
obtaining and maintaining a psychiatric rehabilitation goal.
(23)
Psychiatric rehabilitation
skills and resource development is the process of improving a
recipient's use of skills and arranging for or adapting social and
environmental resources necessary to achieve a psychiatric rehabilitation
goal.
(24)
Psychiatric
rehabilitation support services are consultation and technical
assistance services provided to collaterals, by at least one therapist, with or
without recipients. The purpose of this service is to enhance the capacity of
the collateral to serve as a resource in assisting the recipient to achieve or
maintain his or her psychiatric rehabilitation goal.
(25)
Referral means a
post-assessment planning activity with the objective of referring or directing
an individual to a program providing the appropriate services.
(26)
Rehabilitation readiness
development is the process of building a recipient's skills to proceed
with the rehabilitation goal-setting process. This service might include
confidence building activities, self-awareness activities, or trial visits to
various environments.
(27)
Social training is an activity whose purpose is to assist a
child in the acquisition or development of age-appropriate social and
interpersonal skills.
(28)
Socialization is an activity whose purpose is to develop,
improve or maintain a child's capacity for social or recreational involvement
by providing age-appropriate opportunities for development, application and
practice of social or recreational skills.
(29)
Supportive skills
training is the development of physical, emotional and intellectual
skills needed to cope with mental illness and the performance demands of
personal care and community living activities. Such training is provided
through direct instruction techniques including explanation, modeling, role
playing and social re-inforcement interventions.
(30)
Symptom management, as
a service for adults, means the development and provision of appropriate skills
and techniques specific to the individual recipient's condition to enable him
or her to recognize the onset of psychiatric symptoms and engage in activities
designed to prevent, manage, or reduce such symptoms.
(31)
Symptom management, as
a service for children, means a set of skill building interventions, adjunct to
verbal therapy.
(32)
Task
and skill training is a nonvocational activity whose purpose is to
enhance a child's age-appropriate skills necessary for functioning in home,
school and community settings. Task and skill training activities shall
include, but not be limited to, personal care, budgeting, shopping,
transportation, use of community resources, time management, and study
skills.
(33)
Treatment
planning is the process of developing, evaluating and revising an
individualized course of treatment based on an assessment of the recipient's
diagnosis, behavioral strengths and weaknesses, problems, and service
needs.
(34)
Verbal
therapy means providing goal oriented therapy including psychotherapy,
behavior therapy, family and group therapy and other face-to-face contacts
between staff and recipients designed to address the specific dysfunction of
the recipient as identified in his or her treatment plan. As a service in a
program serving children with a diagnosis of emotional disturbance, play
therapy and expressive art therapy may also be included.
(d) Staffing definitions.
(1)
Clinical staff are all
staff members who provide services directly to recipients. Students and
trainees may qualify if they are participating in a program leading to a degree
or certificate appropriate to the goals, objectives and services of the
outpatient program and are supervised in accordance with the policies governing
the training program and are approved as part of the staffing plan by the
Office of Mental Health.
(2)
Professional staff are individuals who are qualified by
credentials, training and experience to provide supervision and direct service
related to the treatment of mental illness and shall include the following:
(i)
Credentialed alcoholism and
substance abuse counselor is an individual who is currently
credentialed by the New York State Office of Alcoholism and Substance Abuse
Services in accordance with Part 853 of this Title.
(ii)
Creative arts therapist
is an individual who is currently licensed as a creative arts therapist by the
New York State Education Department or who has a master's degree in a mental
health field from a program approved by the New York State Education
Department, and registration or certification by the American Art Therapy
Association, American Dance Therapy Association, National Association of Music
Therapy or American Association for Music Therapy.
(iii)
Marriage and family
therapist is an individual who is currently licensed as a marriage and
family therapist by the New York State Education Department.
(iv)
Mental health counselor
is an individual who is currently licensed as a mental health counselor by the
New York State Education Department.
(v)
Nurse practitioner is an
individual who is currently certified as a nurse practitioner by the New York
State Education Department.
(vi)
Occupational therapist is an individual who is currently
licensed as an occupational therapist by the New York State Education
Department.
(vii)
Pastoral
counselor is an individual who has a master's degree or equivalent in
pastoral counseling or is a Fellow of the American Association of Pastoral
Counselors.
(viii)
Physician is an individual who is currently licensed as a
physician by the New York State Education Department.
(ix)
Physician's assistant
is an individual who is currently registered as a physician's assistant or a
specialist's assistant by the New York State Education Department.
(x)
Psychiatrist is an
individual who is currently licensed as a physician by the New York State
Education Department and who is certified by, or eligible to be certified by,
the American Board of Psychiatry and Neurology.
(xi)
Psychoanalyst is an
individual who is currently licensed as a psychoanalyst by the New York State
Education Department.
(xii)
Psychologist is an individual who is currently licensed as a
psychologist by the New York State Education Department. Individuals who have
obtained at least a master's degree in psychology may be considered
professional staff for the purposes of calculating professional staff and full
time equivalent professional staff but may not be assigned supervisory
responsibility.
(xiii)
Registered professional nurse is an individual who is
currently licensed as a registered professional nurse by the New York State
Education Department.
(xiv)
Rehabilitation counselor is an individual who has either a
master's degree in rehabilitation counseling from a program approved by the New
York State Education Department or current certification by the Commission on
Rehabilitation Counselor Certification.
(xv)
Social worker is an
individual who is either currently licensed as a licensed master social worker
or as a licensed clinical social worker by the New York State Education
Department or has a master's degree in social work from a program approved by
the New York State Education Department.
(xvi)
Therapeutic recreation
specialist is an individual who has either a master's degree in
therapeutic recreation from a program approved by the New York State Education
Department or registration as a therapeutic recreation specialist by the
National Therapeutic Recreation Society.
(3) Other professional disciplines may be
included as professional staff with the prior written approval of the Office of
Mental Health, when individuals in such disciplines shall have specified
training or experience in the treatment of individuals diagnosed with mental
illness.
(4)
Licensed
practitioner means a person defined in paragraph (2) of this
subdivision who is licensed by the New York State Education
Department.
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