Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
provider of service shall identify a governing body which shall have overall
responsibility for the operation of the program. The governing body may
delegate responsibility for the day-to-day management of the program to
appropriate staff in accordance with the organizational plan approved by the
Office of Mental Health. No individual shall serve as both member of the
governing body and of the paid staff of the program without prior approval of
the Office of Mental Health.
(b) A
crisis residence may be housed in a building with other programs operated by
the, however; it must be within spaces that are physically and
programmatically separate.
(c) The
governing body shall meet on a regular basis, in no event less often than
quarterly, and shall maintain written minutes of all meetings as permanent
record of the decisions made in relation to the operation of the program. The
minutes shall be reviewed and approved by the governing body.
(d) The governing body shall approve a
written plan or plans that, at a minimum, address the following aspects of the
operation of each crisis residence program:
(1) the goals and objectives of the crisis
residence program, including the admission and discharge criteria;
(2) the plan of organization that clearly
indicates lines of responsibility;
(3) a written plan for services and staff
composition which:
(i) includes the
qualifications and duties of each staff position by title, and addresses all
essential aspects of the operation of the crisis residence program, including
clinical, administrative, supervision, fiscal, clerical, housekeeping,
maintenance, dietetic, and recordkeeping and reporting functions; and
(ii) specifies all services available through
the crisis residence program;
(4) the written quality assurance plan
pursuant to section
589.10 of this
Part; and
(5) the written
utilization review plan pursuant to section
589.11 of this
Part.
(e) The governing
body shall approve written policies and procedures of the crisis residence
program including but not limited to:
(1)
admission and discharge policies and procedures;
(2) policies and procedures regarding the
rules and regulations necessary for program participation;
(3) personnel policies and procedures. Such
policies and procedures shall prohibit discrimination on the basis of race,
color, creed, disability, national origin, sex, marital status, age, HIV
status, military status, predisposing genetic characteristics, gender
identification or sexual orientation and shall provide for a review of the
qualifications of all clinical staff and verification of employment history,
personal references and work record and determination of past convictions of a
crime in New York State or any other jurisdiction;
(4) staff training and development policies
and procedures. Such policies and procedures shall address orientation, ongoing
training and staff development to ensure that the design and operation of the
program is consistent with and appropriate to the ethnic and cultural
background of the recipient population; and that staff are trained in how to
provide appropriate Language Access for recipients and family members or
guardians with limited English proficiency;
(5) medication policies and procedures. Such
policies and procedures shall be consistent with applicable Federal and State
laws and regulations;
(6) case
record policies and procedures. Such policies and procedures shall ensure
confidentiality of recipient records in accordance with section 33.13 of the Mental Hygiene Law, and shall
ensure appropriate retention of case records;
(7) policies and procedures related to
performing the services provided by the crisis residence program;
(8) policies and procedures describing a
recipient grievance process which ensures the timely review and resolution of
recipients' complaints and which provides a process allowing recipients to
request review by the appropriate Office of Mental Health field office when
resolution is not satisfactory; and
(9) for Children's Crisis Residence Programs,
written policies and procedures shall also include:
(i) a staff supervision plan that identifies
the minimum skills and competencies necessary for staff to supervise recipients
in the program independent of direct supervision; including general child
supervision practices and individual precautions designed to ensure a safe
environment for all recipients;
(ii) visiting procedures for family members
or guardians, including the ability to participate in planned clinical,
supportive and/or recreational activities; and
(iii) provisions addressing the
identification and mandatory reporting of child abuse or neglect, including,
reporting procedures and obligations of persons required to report, provisions
for taking a child into protective custody, mandatory reporting of deaths,
immunity from liability, penalties for failure to report, and obligations for
the provision of services and procedures necessary to safeguard the life or
health of the child. Such policies and procedures shall address the
requirements for the identification and reporting of abuse or neglect regarding
recipients who are children, or who are the parents or guardians of
children.
(f)
The governing body shall review the written plan(s) and policies and procedures
required pursuant to subdivisions (d) and (e) of this section at least annually
and shall make appropriate amendments or revisions.
(g) The governing body shall delegate
responsibility for the day-to-day management of the crisis residence program in
accordance with the written plan of organization provided for in paragraph
(e)(2) of this section.
(1) Onsite direction
shall be delegated to an individual who shall be known as the director and who
shall meet the qualifications specified in section
589.8(d)
of this Part.
(2) The director
shall be employed by the agency as a full-time employee.
(3) Overall administrative direction may be
the responsibility of the director or may be delegated by the governing body to
an individual who shall meet qualifications that are acceptable to the Office
of Mental Health.
(h)
The crisis residence program shall provide for the following:
(1) an annual written evaluation of the
crisis residence program's attainment of its stated goals and objectives
including any required changes in policies and procedures;
(2) in programs which are not State-or local
government-operated, an annual audit of the financial condition and accounts of
the crisis residence program must be performed by a certified public accountant
who is not a member of the governing body or an employee of the crisis
residence program or the provider of service. Government-operated programs
shall comply with applicable laws concerning financial accounts and auditing
requirements. The audit may be program specific or may be performed as part of
an overall facility audit;
(3)
emergency evacuation plans for the building in which the crisis residence
program is located. Evacuation plans shall address emergencies resulting from
fire as well as potential hazards in the geographic area in which the crisis
residence program is located; and
(4) up-to-date copies of any regulations,
guidelines, manuals or other information required by the Office of Mental
Health.
(i)
documentation of compliance with 14 NYCRR Part 550 regarding criminal
background checks and NYS Social Services Law Section
424 regarding the child abuse and neglect
registry.
