New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 595 - Operation Of Residential Programs For Adults
Section 595.10 - Rights of residents

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 595.10

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

(a) A resident residing in a residential program shall be entitled to the rights defined in this subdivision. A provider of service shall be responsible for ensuring the protection of these rights:

(1) A resident has the right to receive his/her full personal needs allowance in a regular and timely manner. Each resident shall have the freedom to use such allowance as he/she chooses unless enrolled in a voluntary money management program. The provider shall establish and adhere to a regular monthly payment schedule. Upon the increase of a fee, a provider of service shall give a resident at least 30 days' written notice of the implementation of the adjusted fee.

(2) A resident shall be provided with a clearly written residency agreement, approved by the Office of Mental Health, which specifies:
(i) the terms of the agreement;

(ii) the services required to be provided by the program;

(iii) the residence fees;

(iv) the due dates for payment of fees;

(v) the responsibilities of residents;

(vi) the policy concerning continued residency and fees, if a resident needs to be rehospitalized;

(vii) the resident grievance procedure which shall:
(a) ensure an objective review of the issues, timely resolution and adequate documentation;

(b) ensure that the name and number of a New York State Office of Mental Health contact person is made available to a resident upon admission and again whenever a grievance process cannot be resolved to the satisfaction of all parties;

(viii) the house rules with respect to visitors, including but not limited to, curfews and use of the premises; and

(ix) the allowable reasons and process for termination of residency by the providers of service.

(3) A resident has the right to have access to a resident's council or other designated mechanisms for participation in the establishment of house rules and other matters which affect the operation of the residence. House rules may not violate a resident's rights as described in this section.

(b) A provider of service shall ensure the provision of notices of recipients' rights pursuant to section 527.5 of this Title.

(c) A resident residing in a residential program shall be apprised and informed, in writing, of his/her responsibilities and the conditions of residency by the provider of service. Such responsibilities and conditions of residency shall be as follows:

(1) to respect the quiet enjoyment of other residents in common and shared residential areas;

(2) to act in ways which do not adversely impact on the habitability of the premises;

(3) to not create health or safety hazards for themselves, residents, staff or other individuals;

(4) to pay the residency fees in full and in a timely manner. Fees shall be adjusted to reflect each resident's ability to pay. Fees charged recipients of public assistance or Supplemental Security Income benefits shall not exceed amounts actually available to such persons under law less the personal needs allowance required to be reserved for the use of the individual pursuant to State law and regulation;

(5) to comply with the residency agreement and house rules; and

(6) to give at least 30 days' written notice of the intention to terminate residency.

(d) A residency agreement entered into by the provider of service and the resident may create additional rights and obligations, but may not impose conditions that are inconsistent with the provisions or intent of this Part. Such agreement shall be consistent with the resident's individual service plan.

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