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 686.6 - Administration
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 686.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Principles of compliance.
(1)
Each supervised community residence shall have a residence manager who is
appointed in accordance with agency/facility personnel policies and who, at a
minimum, has been awarded a high school diploma or its equivalent and has one
year of employment experience (see glossary, section
686.99 of
this Part) with persons with developmental disabilities.
(i) The residence manager shall be
responsible for the continuous direction and day-to-day operation of that
residence.
(ii) Pursuant to
agency/facility policy, the residence manager may be designated as the person
responsible for the coordination of a person's plan of services (see glossary,
section
686.99 of
this Part). If the residence manager is not the designated coordinator, another
staff person shall be designated as having that responsibility.
(2) Each community residence shall
develop and implement policies/procedures which address, at a minimum:
(i) Admission, including at least:
(a) The process to determine an applicant's
need for service, the ability of the facility to meet the ongoing needs of the
individual, and consideration of the relevance of the family intactness and
geographic proximity of the family.
(b) The requirement that staff and the
applicant participate in the above process, including the final determination
as to the applicant's admission.
(c) The procedures for obtaining
admission.
(d) The applicant
criteria, in functional terms for admission.
(e) The requirement that, to determine that
an applicant meets the criteria prior to admission, it is necessary that the
following information be reviewed:
(1) the
results of a medical/physical examination conducted within 90 days prior to the
review; and
(2) an assessment (see
glossary, section
686.99 of
this Part) or assessments of an applicant's strengths, needs (see glossary),
interests and living skills completed within 90 days prior to the
review.
(f) The
requirement that, no person shall be admitted over his or her objection, except
by a court order.
(g) The
requirement that no person shall be excluded from a residence on the basis of
race, religion, color, age, gender, national origin, or inability to pay for
services. This shall not preclude a facility from establishing specific
admission criteria that limit the range of the age or level of disability of
the individuals, or their gender when necessitated by the overall objective of
the facility.
(h) The requirement
that each applicant, or parent, guardian or correspondent (see glossary,
section
686.99 of
this Part) as available, is informed in writing prior to admission and as
changes occur of any charges (see section
686.12 of
this Part) and the supplies and services provided by the facility (see section
686.13
of this Part), unless the applicant is a capable adult (see glossary) and
objects to such notification to others.
(ii) Discharge, including at least:
(a) The criteria for discharge of
individuals.
(b) The requirement
that, to avoid precipitous discharge, reasonable efforts are made on the part
of the community residence to meet the needs of a person before a more
restrictive placement is sought and/or discharge is contemplated, taking into
consideration the needs of the other individuals in the facility and the
facility's available resources.
(c)
The procedures for being discharged, including the procedures governing
discharge of a person against the recommendations of the program planning team
(see glossary, section
686.99 of
this Part).
(d) The requirement
that no overt or covert physical or psychological pressure shall be applied to
prevent a person who desires to leave from doing so.
(e) The requirement that those responsible
for program planning participate in designing plans and the coordination of
services for a person in the process of being discharged from the
residence.
(iii) Review
and appeal procedures available to individuals and their parents, guardians, or
correspondents, including but not limited to appeal of the plan of services and
placement decisions, which are in conformance with the regulations of the
commissioner.
(iv) Community
involvement, providing direction to staff and individuals as to the type of
activities that will promote and nurture the involvement of the community
residence with the neighborhood and community.
(v) The means whereby individuals, in
accordance with their capability, contribute to the decisionmaking process
relative to the day-to-day activities at the community residence, and
individual/staff involvement in neighborhood/community activities.
(vi) Requirements for the administration of
the following:
(a) plans of
services;
(b) person's financial
records;
(c) confidentiality and
protection of individuals' records;
(d) coordination, collection, release and
tracking of statistical information;
(e) incidents and allegations of abuse;
and
(f) medication administration,
the current certification status of community residence staff to administer
medications, and the self-administration of medication training program for
individuals.
(vii)
Medical emergencies, other potential emergencies, evacuation procedures to meet
the special needs of persons with developmental disabilities, and disasters;
the necessary staff actions associated with these situations; and the means to
familiarize staff with these policies and procedures.
(viii) Health and safety issues.
(ix) Personnel policies/procedures addressing
at least:
(a) the recruitment and hiring
process; qualifications, education and skills required; job descriptions;
description of duties and responsibilities; and job performance
evaluations;
(b) staff training
programs which include at a minimum:
(1)
coordination of staff development and training that is consistent with
individuals' and staff needs and agency/facility policies;
(2) orientation procedures;
(3) in-service training; and
(4) the use of community training
resources;
(c) the means
whereby matters of concern to staff can be made known without threat of job
loss; and
(d) the prohibition of
discrimination in hiring and promotion based on race, religion, color, gender,
national origin, age or disability.
(x) The approval process for
policies/procedures, which includes a description of the role of the governing
body in this process.
(3) The agency/facility policy/procedure
manual is a public document and, as such, shall be available to individuals,
parents, guardians, correspondents, staff and others.
(b) Standards of certification.
(1) The agency/facility has written criteria
for a residence manager which mandate that the person in the position has, at a
minimum, been awarded a high school diploma or its equivalent and has at least
one year of experience working with persons with developmental
disabilities.
(2) The agency's
personnel file for the residence manager contains documentation that the person
in that position meets at least the minimum requirements as specified by
agency/facility criteria for that position.
(3) A written policy/procedure manual(s)
exists with contents addressing the following areas:
(i) admission and discharge of
individuals;
(ii) administration of
records;
(iii) emergencies and
disasters;
(iv) health and safety
issues;
(v) personnel;
(vi) review and appeal procedures for
concerns of individuals and their correspondents;
(vii) community involvement of staff and
individuals; and
(viii)
individuals' involvement in community residence activities.
(4) Documentation exists
indicating that at the time of admission, each individual and a parent,
guardian or correspondent as available, was informed in writing of any charges
which might be made and the supplies and services provided by the facility. The
exception to notifications to others is when a capable adult objects to such
notification.
(5) If changes in
charges or supplies and services have occurred since The last survey, OPWDD
shall verify this information was provided in writing to the individual, and a
parent, guardian or correspondent, unless a capable adult objects to such
notification.
(6) OPWDD shall
verify that the facility has conducted new staff orientation and an annual
review thereafter for all personnel assigned to the facility of the emergency
procedures.
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