New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 633 - Protection of Individuals Receiving Services in Facilities and Services Operated and/or Certified by OPWDD
Section 633.1 - Applicability

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

(a) In relation to the Office for People With Developmental Disabilities, this Part, upon its effective date [January 31, 1988], supersedes Parts 21 and 27 (except those sections pertaining to an integrated residential community), and section 686.6 of this Title as filed on July 31, 1985.

(b) This Part is controlling over any other Part of this Title insofar as the requirements herein may be concerned, unless said Part provides that it is controlling.

(c) This Part contains requirements applicable to all facilities and services operated orcertified by the Office for People With Developmental Disabilities, hereinafter referred to as OPWDD (see glossary section 633.99 of this Part). In a family care home, the sponsoring agency (see glossary) and the holder of the operating certificate shall be responsible for ensuring compliance with this Part.

(d) The implementation date for compliance with this Part shall be January 31, 1988. For services certified pursuant to paragraph (10) of subdivision (d) of section 619.2 of this Title, the implementation date for compliance with this Part shall be July 2, 2020, except that, for such services, the implementation date for compliance with sections 633.5, 633.6 and 633.8 of this Part shall be January 1, 2021.

(e) In every instance in this regulation, the terms people, person/persons or individual/individuals shall refer to those who have met the admission criteria for an OPWDD operated or certified facility and who have been admitted, or who have applied to and been screened for services and for whom a clinical record is maintained or processed by such facility as well as those individuals receiving services certified by OPWDD.

(f) Where explicitly stated, some provisions herein are also applicable to persons seeking services provided under the auspices of OPWDD (e.g., see section 633.4[a][15] of this Part).

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