Current through Register Vol. 46, No. 52, December 24, 2024
(a) This
Part establishes standards for participation in the provision of approved
clinical services (see glossary and also section
679.3[j] of this
Part) in a clinic treatment facility (see glossary) serving persons with
developmental disabilities (see glossary). The operating certificate issued to
a clinic treatment facility pursuant to this Part shall specify the clinical
service areas, by discipline, approved, and the clinic certified setting(s) (by
address[es]) under whose auspices said services are approved for
delivery.
(b) Evidence of
compliance with this Part along with Parts 633, 624, and 635 of this Title
serve as the principal bases for the certification and recertification by the
Office for People With Developmental Disabilities (OPWDD) (see glossary) of a
clinic treatment facility serving persons with developmental
disabilities.
(c) The purpose of a
clinic treatment facility is to serve principally persons (see subdivision [e]
of this section) with developmental disabilities and their collaterals (see
glossary) as stipulated herein, either at a main clinic site certified by OPWDD
or at a certified satellite site (see glossary) listed by address on the
facility's operating certificate or, prior to April 1, 2016, off-site, by:
(1) Providing clinical services of
principally a habilitative clinical nature to ameliorate or limit the disabling
condition or other disease, illness, or condition through the provision of
professional assessments and therapies, to persons, who because of their
developmental disability, require such services to remain in or move to the
least restrictive residential and/or day setting; or because such services are
unavailable or inaccessible in the person's community.
(2) Providing services to a person through
his/her collateral(s) for the purposes of enhancing the effectiveness of the
treatment; enabling the person to remain in the family or placement setting as
long as desired; and/or enhancing the person's quality of life.
(3) Providing convenient access to clinical
services, including services available at nontraditional business hours, in
nontraditional settings, making use of treatments delivered at certified
satellite sites and, prior to April 1, 2016, when authorized,
off-site.
(4) Providing access to
clinical services to a person locate d in his/ her residence or other temporary
location via telehealth (see glossary) while the provider is located either at
a main clinic site certified by OPWDD or at a certified satellite site (see
glossary)
(5) Providing clinical
services that are not duplicative or substitutive of services provided by
existing clinic treatment facilities. However, services described by the same
clinical procedure code may be provided to address different clinical needs as
documented in the clinic treatment plan. The treatment coordinator must
document in the clinic treatment plan the coordination of similar clinical
services provided to ensure there is no duplication of services.
(6) Providing quality services through the
use of staff who hold the certification or licensure appropriate to their
discipline and by program and/or staff affiliations with training institutions
that can provide a source of continuing education as required to maintain
current licensure.
(7) Offering
managed health care (see glossary) as part of approved medical services (see
section 679.3[j][3] of
this Part) when serving as the person's principal care provider, by providing
medical and/or dental care as well as coordinating tertiary medical care
services, where it can be demonstrated that the generic health care system is
either unavailable, without the specific capacity to provide quality services,
inaccessible, and/or unable to serve such persons.
(8) Providing clinical services that are not
duplicative of early intervention services authorized through an early
intervention plan (EIP) or school or preschool supportive health services
authorized through an individualized education plan; or duplicative of services
available through the intermediate care facility for individuals with
intellectual disabilities program, OPWDD operated or certified residential or
day programs, or OPWDD funded home and community based services
(HCBS).
(d) This Part is
organized in a format consisting of principles of compliance and standards of
certification. In reviewing the continued eligibility of a facility for an
operating certificate, OPWDD shall survey for compliance with all "standards of
certification" herein and any other applicable requirements. OPWDD may make
inquiries into and evaluate evidence of noncompliance with the applicable
"principles of compliance." The detailed premises for the principles of
compliance and standards of certification format may be found at section
633.2 of this Title.
(1) Principles of compliance set forth the
basic conditions for the operation of a facility. Facilities will not be
routinely examined against principles of compliance at surveys for
recertification. OPWDD reserves the right to monitor compliance with any
applicable requirements at any time pursuant to the responsibilities of the
commissioner (see glossary) under the Mental Hygiene Law.
(2) Standards of certification are criteria
specified by OPWDD as necessary for compliance in order for a facility to
demonstrate on a regular and ongoing basis that it can and will continue
providing the appropriate environment to assure an adequate level of quality of
care, welfare, individual rights, safety, and fiscal accountability. Surveys
are conducted for the purpose of documenting compliance with standards of
certification. Compliance with all applicable statutes and regulations, or an
acceptable plan of correction, is a basis for issuing an operating certificate
and/or renewing an operating certificate.
(e) The OPWDD certification process defined
in subdivision
679.1(d) of this
section is superseded by requirements in Part 619 of this Title, Certification
of Facilities and Home and Community Based Services (HCBS), effective on the
effective date of these regulations.
(f) OPWDD expects ongoing compliance with
both principles of compliance and standards of certification included in this
Part. Therefore, such compliance is the responsibility of the agency and is
necessary for continued participation as a certified facility or funding as an
approved program or service.
(g) As
used herein, the terms, people, person(s), and individual(s) shall be
understood to refer to those who have been admitted and are receiving services
at a clinic treatment facility.
