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 686.99 - Glossary
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Agency.
The "agent" or "operator" of a facility operated or certified by OPWDD. In the case of State-operated facilities, the B/DDSO is considered to be the "agency."
(b) Agency/facility.
As used in this Part, a term used to indicate that the stated requirement needs to be considered in relation to the administrative structure of both the agency (q.v.) and the site-specific facility (q.v.) and acted upon accordingly.
(c) B/DDSO.
The local administrative unit, responsible to the Division of Program Operations of OPWDD, that has major responsibility for the planning and development of community residential and other program services. The B/DDSO is responsible for coordinating the service delivery system within a particular service area, planning with community and provider agencies, and ensuring that specific placement and program plans and provider training programs are implemented. In New York City, this unit is called the Borough Developmental Services Office (BDSO); elsewhere in the State it is called the Developmental Disabilities Services Office (DDSO).
(d) Bed, certified.
A bed that has been accounted for in determining the facility's certified capacity (q.v.)
(e) Bed, temporary use.
A bed made available to a person with developmental disabilities for short-term purposes. A temporary use bed must be a conventional bed in a designated bedroom. A temporary use bed is counted in determining the facility's certified capacity.
(f) Bed, vacant certified.
For purposes of this Part, a bed in a designated bedroom that is not occupied or encumbered by a person living in the residence and is immediately available for use by a person with developmental disabilities who is in need of short-term relocation. A vacant certified bed is counted in determining the facility's certified capacity.
(g) Body, governing.
See governing body.
(h) Capacity, certified.
The maximum number of beds available to be occupied by people with developmental disabilities for respite purposes, as indicated on the operating certificate issued by the commissioner. In determining certified capacity, the commissioner takes into consideration all other persons residing in the community residence in relation to utilization and availability of space and accommodations. Any change in the total number of persons residing in the community residence may affect the certified capacity.
(i) Certification, standards of.
See standards of certification.
(j) Commissioner.
The commissioner of the New York State Office for People With Developmental Disabilities, or his or her designee.
(k) Community, representative of the.
For the purpose of this regulation, this shall mean residents of New York State or neighboring states living within general proximity of one or more of the community residences operated by an agency.
(l) Community residence.
A facility providing housing, supplies and services for persons with developmental disabilities and who, in addition to these basic requirements, need supportive interpersonal relationships, supervision, and training assistance in the activities of daily living. Community residences are designed to accomplish two major goals:
(m) Compliance, principles of.
See principles of compliance.
(n) Correspondent.
A party (not on the staff of the facility) who assists a person in obtaining necessary services and participates as a member of the person's program planning process, and who receives notification of certain significant events in the life of the person. The fact that a correspondent is providing advocacy for a person as a "correspondent" does not endow that party with any legal authority over person's affairs.
(o) Disability, developmental. A developmental disability as defined in section 1.03 (22) of the Mental Hygiene Law.
(p) Disability, developmental.
See developmental disability.
(q) Experience, employment.
For the purposes of this regulation, employment experience shall mean at least one year of direct service provision to persons with developmental disabilities and/or management of a certified program primarily serving persons with developmental disabilities.
(r) Facility.
Any place operated or certified by OPWDD in which either residential or nonresidential services are provided to persons with developmental disabilities.
(s) Funds, Mental Hygiene Law, section 41.
A payment (as of this date) of up to $250 per year, per person residing in a voluntary-operated community residence which may be available to the operator of the facility for one or more of the following individual's needs:
The funds are made available in accordance with section 41.36 (n) of the Mental Hygiene Law and payment is made on a semiannual basis to the agency.
(t) Governing body.
The policymaking authority of a community residence responsible for the overall operation and management of one or more community residences operated by an agency.
(u) Individual.
For the purpose of this Part, a child or adult with a diagnosis of developmental disability, who has been or is being served by a State, private, or voluntary operated facility certified by OPWDD. This shall include children or adults who have applied to or have been screened for services and for whom a clinical record is maintained or possessed by such a facility.
(v) Need.
A condition of a person, or lack thereof, which, when addressed, enhances the person's quality of life and/or ability to cope with his or her circumstances or environment.
(w) OPWDD.
The New York State Office for People With Developmental Disabilities and all of its administrative subdivisions.
(x) Oversight, protective.
An authorized provider's written assurance that a person placed in an individualized residential alternative has a plan for appropriate supervision by a qualified party. Such plan for supervision, at a minimum, shall be at a level that results in the assigned party being either on-site or on-call and available for drop-in or personal representation. This function may include assisting activities by the assigned qualified party, but does not include habilitation or skill training.
(y) Payment, community residence provider.
The maximum monthly amount a person can be required to contribute to the cost of care in a community residence. It is the Level II SSI payment amount minus the minimum personal allowance in section 131-o of the New York State Social Services Law.
(z) Person.
For purposes of this Part, a child or adult with a diagnosis of developmental disability, who has been or is being served by a State, private or voluntary operated facility certified by OPWDD. For purposes of this Part, this shall include children or adults who have applied to or have been screened for services and for whom a clinical record is maintained or possessed by such a facility.
(aa) Person, capable adult.
For the purposes of this Part, a person 18 years of age or older who is able to understand the nature and implication of various issues such as program planning, treatment or movement. The assessment of capability in relation to each issue as it arises will be made by the person's program planning team. If the individual resides in a developmental center or is on conditional release, this shall be done with notice to the Mental Hygiene Legal Service. Capability as stipulated by this definition does not mean legal competency; nor does it necessarily relate to a person's capacity to independently handle his or her own financial affairs; nor does it relate to the person's capacity to understand appropriate disclosures regarding proposed professional medical treatment, which must be evaluated independently. Thus, an individual may be capable of participation in planning for his/her services and programs but still require assistance in the management of financial matters. Whenever there is doubt on the part of any other party interested in the welfare of the individual as to that person's ability to make decisions, as ascertained by the program planning team, a determination of capability is to be made by an external capability review board, designated by the commissioner. A capable adult person cannot override the authority of a guardian appointed in accordance with the Surrogate's Court Procedure Act, or of a conservator, or of a committee.
(ab) Plan, individualized service (ISP).
The written document that is developed by an individual's chosen service coordinator, the individual and/or the parties chosen by the individual, often known as the person's circle of support, that describes the services, activities and supports, regardless of the funding source, and that constitutes the person's individualized service environment. This document may be known by a different name but it must comprise the elements described in this definition. The goal of the ISP is to ensure the provision of those things necessary to sustain the person in his/her chosen environment and preclude movement to an ICF/DD. These services, activities and supports, identified in the ISP, are to reflect the preferences, capabilities, and capacities of the person and emphasize the development of self-determination (i.e., making personal choices), independence, productivity, and integration into the community. The ISP identified by personal descriptive and identification information, contains at a minimum:
It is the responsibility of the individual's chosen service coordinator to ensure that the ISP is reviewed at least semi-annually and includes consideration of the information obtained from other-than-OPWDD providers (if any), who are providing services (e.g., as appropriate, the individualized plan for employment [IPE] or the individualized education plan [IEP]). The service coordinator should also ensure that a review of the ISP occurs when the individual and/or parties chosen by the individual request it; or when the capabilities, capacities or preferences of the individual have changed and warrant a review; or when it is determined by the service coordinator that the prevailing plan (or portions of the plan) is/are ineffective. If habilitation services are provided (i.e., residential habilitation, day habilitation, community habilitation, supported employment, pre-vocational services, pathway to employment), the relevant habilitation plan(s) must be developed, and on a semiannual basis thereafter, reviewed and revised as necessary by the habilitation service provider. The ISP shall include or contain as attachments the following:
The ISP is equivalent to a clinical record for the purposes of confidentiality and access.
(ac) Policies/procedures or policy/procedure.
As used in this Part, the term indicating the need for appropriate written guidance for staff, whether such guidance is in the form of a policy statement, a policy statement with accompanying procedures, or procedures only. Determination of the nature of the material is that of the agency/facility.
(ad) Principles of compliance.
Those requirements with which an agency must comply, but against which the facility will not be routinely surveyed for recertification purposes. However, evidence of failure to comply with the principles may be the basis for decertification in accordance with article 16 of the Mental Hygiene Law.
(ae) Prompts.
An intermittent urge to action whether physical or verbal, and not a means of continuous assistance. Physical prompts means bodily contact of instantaneous duration. Thus, the necessity for staff to literally push or pull a person to initiate or continue appropriate evacuation procedures goes beyond a physical contact of instantaneous duration and is therefore not allowed as a "physical prompt". In no event may the act of assisting an individual in getting out of bed, getting out of a seat, getting up off the floor, or in actual ambulation be considered as a "physical prompt". That is, lifting and/or carrying are prohibited.
(af) Residence, community.
See community residence.
(ag) Respite.
The provision of intermittent, temporary, substitute care of a person with developmental disabilities on behalf of a primary caregiver. It is a means of providing relief from the responsibilities of daily caregiving.
(ah) Standards of certification.
Those criteria which specify the basis of documenting compliance for the purposes of issuing an operating certificate. The basis of documentation may include facility specific record; specified forms or reports; specified contents of records, reports or forms; and/or other means of assessing compliance such as interviews with individuals, employees or volunteers, and/or onsite observation of activities and the environment.
(ai) Status, non-resident.
A designation for those persons (such as an individual's spouse, children or other family members) residing at the certified supportive community residence, and who have not been admitted to the supportive community residence.
(aj) Status, transitional.
A designation for individuals in a supportive community residence who have attained independent living skills but who remain in the facility while they demonstrate their proficiency in these skills and/or make provisions for moving to independent living.
(ak) Verification.
Any means, including but not limited to observation, interview, and the written word, that provides a basis for being reasonably assured that a requirement has been met.
