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 595.4 - Definitions
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 595.4
Current through Register Vol. 46, No. 39, September 25, 2024
For purposes of this Part:
(a) General definitions.
(1) Admission criteria are those factors
which are identified by the provider of service for use in determining an
individual's eligibility for admission to a residential services
program.
(2) Clinical assessment
means an evaluation which shall include, at a minimum, a patient history,
mental status determination, diagnosis and identification of individual
treatment needs and recommendations.
(3) Community Residence for Eating Disorder
Integrated Treatment Program (CREDIT Program) for adults is a subclass of
community residence for individuals over the age of 18 who have been diagnosed
with an eating disorder as defined in section 2799-e of the Public Health Law, whose
individual treatment issues preclude family settings or other less restrictive
alternatives.
(4) Designated mental
illness diagnosis means that an individual is 18 years of age or older and
currently meets the criteria for a psychiatric diagnosis in the most current
edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), or
has a diagnosis of an eating disorder as defined in this section, but excluding
alcohol or drug disorders, dementias and other disorders due to general medical
conditions, developmental disabilities or social conditions (V-codes). ICD-9-CM
categories and codes that do not have an equivalent in DSM-IV are also not
included as designated mental illness diagnosis.
(5) Discharge planning means the process of
planning for termination of services from a residential program through the
identification of residential and other resources and supports needed for the
transition of the resident to another residential option and making the
necessary referrals, including linkages for treatment, rehabilitative and
support services.
(6) Eating
disorder means an eating disorder as such term is defined in section 2799-e of the Public Health Law and shall
include, but not be limited to, conditions such as anorexia nervosa, bulimia
and binge eating disorder, identified as such in the most current edition of
the International Classification of Disease or the most current edition of the
Diagnostic and Statistical Manual of Mental Disorders, or other medical and
mental health diagnostic references generally accepted for standard use by the
medical and mental health fields.
(7) Extended impairment in functioning means
an individual has met subparagraph (i) or (ii) of this paragraph:
(i) experienced two of the following four
functional limitations due to a designated mental illness over the past 12
months on a continuous or intermittent basis:
(a) marked difficulties in self-care such as
personal hygiene, diet, clothing, avoiding injuries, securing health care or
complying with medical advice;
(b)
marked restrictions of activities of daily living such as maintaining a
residence, using transportation, day-to-day money management or accessing
community service;
(c) marked
difficulties in maintaining social functioning such as establishing and
maintaining social relationships, interpersonal interactions with primary
partners, children and other family members, friends, or neighbors, social
skills, compliance with social norms or appropriate use of leisure
time;
(d) frequent deficiencies of
concentration, persistence or pace resulting in failure to complete tasks in a
timely manner in work, home or school setting. Individuals may exhibit
limitations in these areas when they repeatedly are unable to complete simple
tasks within an established time period, make frequent errors in tasks, or
require assistance in the completion of tasks; or
(ii) met criteria for rating of 50 or less on
the Global Assessment of Functioning Scale (Axis V of DSM-IV) due to a
designated mental illness over the past 12 months on a continuous or
intermittent basis.
(8)
On-site services means those services which are provided either on a 24- hour
basis in a congregate or service enriched single room occupancy program or
through periodic visits and on an as-needed basis within an apartment
program.
(9) 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.
(10) Qualified mental health staff person
means:
(i) a physician who is currently
licensed as a physician by the New York State Education Department;
(ii) a psychologist who is currently licensed
as a psychologist by the New York State Education Department;
(iii) a social worker 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;
(iv) a registered nurse
who is currently licensed as a registered professional nurse by the New York
State Education Department;
(v) a
creative arts therapist who is currently licensed as a creative arts therapist
by the New York State Education Department;
(vi) a marriage and family therapist who is
currently licensed as a marriage and family therapist by the New York State
Education Department;
(vii) a
mental health counselor who is currently licensed as a mental health counselor
by the New York State Education Department;
(viii) a psychoanalyst who is currently
licensed as a psychoanalyst by the New York State Education
Department;
(ix) a nurse
practitioner who is currently certified as a nurse practitioner by the New York
State Education Department;
(x) an
individual having education, experience and demonstrated competence, as defined
below:
(a) a master's or bachelor's degree in
a human services related field;
(b)
an associate's degree in a human services related field and three years
experience in human services;
(c) a
high school degree and five years experience in human services; or
(xi) for purposes of a CREDIT
program, a registered dietitian who is currently licensed by the New York State
Education Department; or
(xii)
other professional disciplines which receive the written approval of the Office
of Mental Health.
(11)
Reliance on psychiatric treatment, rehabilitation and supports means that a
documented history shows that the individual, at some prior time, met the
threshold for extended impairment in functioning, but symptoms and/or
functioning problems are currently attenuated by medication or psychiatric
rehabilitation and supports. Medication refers to psychotropic medications
which may control certain primary manifestations of mental disorder, but may or
may not affect functional limitations imposed by the mental disorder.
Psychiatric rehabilitation and supports refers to a highly structured and
supportive setting which may greatly reduce the demands placed on the
individual and, thereby, minimize overt symptoms and signs of the underlying
mental disorder.
(12) Site means
the type of structure in which a residential program is located. Structural
types are defined to delineate differences in premises, capacity and safety
requirements and may include:
(i) Apartment
which means a unit organized as a self-contained entity requiring staff support
appropriate to the needs of the residents.
(ii) Congregate which means a program which
is a group living design, requiring staff on-site, 24 hours per day.
(iii) Service enriched single room occupancy
which means a program providing support services for persons who require
assistance to improve or maintain their daily living and socialization skills,
in residences with private living units and supportive services available on
site. Such programs provide 24 hour on-site staff coverage and are designed to
enable residents to live as independently as possible in stable community-based
housing.
(13) Support
residential program means a residential program which provides supportive
services designed to improve or maintain an individual's ability to live as
independently as possible and eventually access generic housing. For an
individual who is not ready for full participation in services and activities,
there may be an extended period of engagement consistent with the individual's
desire, tolerance and capacity to participate in such services.
(14) Treatment residential program means a
rehabilitation-oriented residential program which focuses upon interventions
necessary to address an individual's specific functional and behavior deficits
which must be resolved in order to access generic housing. The engagement of an
individual in services and activities shall be consistent with the individual's
desire, tolerance and capacity to participate in such initiatives.
(15) As used in this Part to describe the
duties or obligations of the provider of service, the word ensure shall not
affect the standard of liability in damages of a provider of service beyond the
standard set forth in statutory and/or case law applicable in this
State.
(b) Service definitions.
(1) Assertiveness/self-advocacy
training means training which is designed to promote the individual's ability
to assess his or her needs to make a life status change and to increase self
awareness about his or her values and preferences. Training will also increase
an individual's ability to respond to medical, safety and other personal
problems. Activities are also intended to improve communication skills and
facilitate appropriate interpersonal behavior.
(2) Community integration services/resource
development means activities which are designed to help individuals identify
skills and community supports necessary for specific environments, assess their
skills, strengths and deficits in relation to environmental demands, assess
available resources, and develop a natural support system by accessing social,
educational and recreational opportunities.
(3) Daily living skills training means
activities which focus on the acquisition of skills and capabilities to
maintain primary activities of daily life. Services are provided by addressing
areas of functioning in categories such as: dressing, personal hygiene and
grooming, selection and/or preparation of food, cleaning and washing of
clothes, maintenance of environment, budgeting and money management. Training
is intended to increase those competencies needed by the individual to live in
his or her goal environment.
(4)
Health services means training to maximize independence in personal health care
by increasing the individual's awareness of his or her physical health status
and the resources required to maintain physical health, including regular
medical and dental appointments, basic first aid skill and basic knowledge of
proper nutritional habits and family planning. Also included is training on
topics such as AIDS awareness. In the CREDIT program, health services may also
include assistance and monitoring of the individual's activities relating to
food, meals, and weight management.
(5) Medication management and training means
training regarding the storage, monitoring, recordkeeping and supervision
associated with the self-administration of medication. This does not include
prescribing, but does include a certain degree of reviewing the appropriateness
of the residents' existing regimen with his or her physician. Activities which
focus on educating residents about the role and effects of medication in
treating symptoms of mental illness and training in the skill of
self-medication are also included.
(6) Parenting training means structured
activities intended to promote positive family functioning and enable residents
to assume parenting responsibilities. Activities include peer support groups to
foster skills around effective parenting, assistance in selecting and obtaining
housing appropriate for families, and linkage with the children's service
system. Psycho-education programs on parenting skills, single parenting issues,
child care and the nature of mental illness and its effect on the family are
also included.
(7) Rehabilitation
counseling means a therapeutic modality which includes assisting the individual
in clarifying future directions and the potential to achieve rehabilitation
goals, identifying and specifying behaviors that impede goal setting, improving
awareness of the influence of environmental stress, and helping an individual
to generalize newly learned behaviors to housing and other situations outside
the program structure.
(8) Skill
development services means activities which assist clients to gain and utilize
the skills necessary to undertake employment or pursue educational
opportunities. This may include skills related to securing appropriate
clothing, scheduling, work related symptom management, and work readiness
training.
(9) Socialization means
activities which are intended to diminish tendencies toward isolation and
withdrawal by assisting residents in the acquisition or development of social
and interpersonal skills. It is an activity meant to improve or maintain a
resident's capacity for social involvement by providing opportunities for
application of social skills. This occurs through resident and staff
interaction in the program and through exposure with staff to opportunities in
the community. Modalities used in socialization include individual and group
counseling and behavior intervention.
(10) Substance abuse services means services
provided to increase the individual's awareness of alcohol and substance abuse
and reduction or elimination of its use: such services shall include verbal and
medication therapies, psycho-educational approaches and prevention and relapse
prevention techniques.
(11) Symptom
management for the purpose of this Part, means activities which are intended to
achieve a maximum reduction of psychiatric symptoms and increased functioning.
This includes the ongoing monitoring of residents' mental illness symptoms and
response to treatment, interventions designed to help residents manage their
symptoms and assisting residents to develop coping strategies to deal with
internal and external stressors. Activities range from providing guidance
around everyday life situations to addressing acute emotional distress through
crisis management and behavior intervention techniques.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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