New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 686 - Operation of Community Residences
Section 686.15 - Utilization of temporary use beds and vacant beds
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 686.15
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Principles of compliance.
(1) A supervised community residence or
individualized residential alternative (see section
686.16
of this Part) of four beds or more, may elect to have a bed(s) designated on
its operating certificate as a temporary use bed(s) for time-limited stays of
persons with developmental disabilities. Temporary use beds shall be included
in a facility's certified capacity (see glossary, section
686.99 of
this Part) and shall be used for respite, trial visits, therapeutic stays and
emergency housing. For all purposes but trial visits, it is expected that the
person will return to his or her permanent residence following the stay and
therefore shall not be subject to the facility's admission process; a person
who is on a trial visit which results in acceptance for permanent residency
shall be admitted subsequent to that acceptance. Temporary use beds shall be
used in accordance with the following:
(i) To
offer respite (see glossary, section
686.99 of
this Part) to a primary caregiver who is either a family member, a legal
guardian, a correspondent, or a family care provider.
(a) Overnight Respite may be provided for no
more than forty-two (42) days in a one-hundred-eighty (180) day period. After
the forty-two (42) days, any continued overnight billing will be limited to the
regional average daily rate paid for Supervised IRA services.
(b) In providing respite, the facility shall
assume the daily responsibilities of the primary caregiver, limited to:
(1) room and board;
(2) 24-hour supervision;
(3) health and self-care services including
overseeing routine medical care and managing any medical emergency;
and
(4) coordination of the
established treatment program.
(ii) For a trial visit for a person who is
being considered for admission to the supervised community residence.
(a) For any given person, at a given site,
the number of trial visit days shall not exceed seven in a continuous six-month
period.
(b) During a trial visit
the facility shall provide room, board, necessary supervision and those
services required to assess the person's appropriateness for admission to the
residence.
(iii) For a
therapeutic stay provided to meet a person's need for short-term therapeutic
programming.
(a) A therapeutic stay shall be
provided only to those persons who reside in and are on leave from either a
family care home, a supportive community residence, or another supervised
community residence; or to persons who reside with family, or who live
independently.
(b) For any given
person, at a given site, a therapeutic stay shall not exceed 30 consecutive
days.
(c) During a therapeutic
stay, the facility shall provide room, board, necessary supervision and those
services necessary to meet the person's needs and conform with the plan of
services developed and monitored by the person's case manager.
(iv) For emergency housing
provided to a person who requires alternate housing due to a natural disaster
which rendered the person's existing residence temporarily uninhabitable
(e.g., due to fire, extended power failure, etc.), due to
abandonment by the person's primary caregiver, or a documented inability of the
primary caregiver to continue to serve the person.
(a) Emergency housing shall be provided only
to those persons who reside in a family care home, a supportive community
residence, another supervised community residence, with family, or who live
independently.
(b) The length of an
emergency housing stay shall be no more than 90 days. any extension of an
emergency stay beyond 90 days shall be approved by OPWDD.
(c) The facility shall provide room and
board, necessary supervision and those services necessary to minimally meet the
person's needs during the emergency stay.
(2) A supervised community residence or
individualized residential alternative (see section
686.16
of this Part) of four beds or more, may use a vacant certified bed (other than
a bed designated as a temporary use bed) for respite, trial visits, therapeutic
stays or emergency housing in accordance with subparagraphs (1)(i)-(iv) of this
subdivision. Those persons who occupy a vacant certified bed for short-term
purposes shall not be subject to the facility's admission process; a person who
is on a trial visit which results in acceptance for permanent residency shall
be admitted subsequent to that acceptance. Utilization of a vacant, certified
bed for such temporary purposes shall:
(i)
Occur, if and only if, there is no waiting list for admission to the facility.
Exceptions shall be made for a trial visit of a person on the waiting list or
for provision of emergency housing.
(ii) Be limited to 90 days. Where a vacant,
certified bed has either been used for short- term purposes only or remained
vacant throughout a 90-day period, it shall be converted to a temporary use bed
on the facility's operating certificate unless there are plans:
(a) for immediate use of the bed by an
admitted individual; or
(b) to
remove the bed from the facility's certified capacity.
(3) In establishing occupancy of
temporary use beds or vacant certified beds for the purposes as described in
paragraphs (1) and (2) of this subdivision, the evacuation capability of the
person shall be determined in accordance with the following:
(i) In supervised community residences or
individualized residential alternatives (see section
686.16
of this Part), certified under chapter 32 or 33 of the 2000 edition of the NFPA
101 Life Safety Code, the classification assigned to the
residence of either "prompt" or "slow" shall not be changed by the addition of
the person in question. That is, the evacuation capability of the person, when
considered with the evacuation capability classification of the entire
facility, shall not result in a change in category without the facility making
the necessary adjustments to maintain conformance with the facility's existing
classification prior to admitting the person.
(ii) In a non-chapter 32 or 33 facility, the
person in question shall be determined to be able to evacuate the facility
without assistance within 2.5 minutes in a supervised community residence or
3.0 minutes (with assistance, when necessary) in an individualized residential
alternative.
(4) A
supportive community residence may use a vacant certified bed for two short
term purposes only; these are trial visits and emergency housing. They shall be
provided in accord- ance with the following:
(i) a trial visit may be provided to a person
with developmental disabilities who is being considered for admission to the
facility.
(a) For any given person at a given
site, the number of trial visit days shall not exceed seven in a continuous
six-month period.
(b) during the
trial visit, the facility shall provide room, board, and those services
required to assess the person's appropriateness for admission to the
residence.
(ii)
Emergency housing may be provided to a person with developmental disabilities
who requires alternate housing due to a natural disaster which rendered the
person's residence temporarily uninhabitable (e.g., due to
fire, extended power failure, etc.).
(a)
Emergency housing shall be provided only for persons whose residence is either
another supportive community residence or an independent living
situation.
(b) Room, board and case
management services shall be provided during an emergency stay.
(c) The length of an emergency housing stay
shall be no more than 90 days. Any extension of an emergency housing stay
beyond 90 days shall be approved by OPWDD.
(b) Standards of certification.
There are no standards of certification.
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