Current through Register Vol. 46, No. 39, September 25, 2024
(a) Policies and procedures. The governing
authority of the residence must approve written policies, procedures, and methods
governing the provision of services to residents in compliance with this Part. Such
policies, procedures, and methods shall reflect nationally and locally recognized
best practices for oversight of a certified recovery residence. These policies,
procedures, and methods must address, at a minimum:
(1) acceptance into the residence, including
admission criteria;
(2) successful
completion of stay;
(3) termination of
residency, including referral procedures;
(4) staffing, including, but not limited to,
training and use of student interns, peers and volunteers, and compliance with the
criminal history review policies of Part 805 of this Title;
(5) resident financial obligations;
(6) management of all funds received and
expended;
(7) maintenance of
residence;
(8) encouraging and
monitoring resident recovery through the development of a recovery plan;
(9) monitoring the recovery environment of the
residence;
(10) recordkeeping and
incident reporting in accordance with guidance issued by the office, with
requirements including but not limited to:
(i)
incident management plans;
(ii) incident
review committees;
(iii) reporting of
incidents to the office;
(iv) written
incident reports;
(v) compliance with
investigations and corrective actions; and
(vi) maintaining and release of records.
(11) confidentiality, including
collecting and protecting resident data, personal health information, and other
sensitive information in accordance with State and Federal laws, rules, and
regulations;
(12) procedures for medical
and environmental emergencies, including but not limited to resident substance use
crises, emergency preparedness, and fire prevention;
(13) ensuring a resident's school-aged children
are provided with appropriate educational services when applicable;
(14) resident rights and responsibilities,
including grievance policies and processes;
(15) good neighbor guidelines, including
neighborhood courtesy rules, disputes, and concerns; and
(16) MAT (Medication Assisted Treatment),
including allowing all forms of legally prescribed MAT by residents, and
non-discrimination for admission eligibility.
(b) The certified recovery residence shall develop
and implement written policies and procedures on the use of prescription and
over-the-counter medications by residents, which must include:
(1) self-administration of medication for
residents who take medication;
(2) safe
storage of medication and medical supplies in a locked container;
(3) policy on safe disposal of medication (i.e.,
if left behind by a resident, etc.); and
(4) use of and sharing of prescription and over
the counter medications.
(c)
The certified recovery residence shall develop and implement written policies and
procedures for an individual's residency, which shall include, but not be limited
to:
(1) resident eligibility criteria;
(2) guidance for successful completion of
residency by meeting a resident's recovery, personal or financial goals, or
social-emotional or other needs;
(3)
criteria for terminating residency, including involuntary termination, which must
include assertive linkages to emergency medical assessment, treatment services,
recovery services, and/or safe housing alternatives, and a resident's right to
appeal any decision to terminate residency and procedures for such process,
consistent with guidance issued by the office and New York State Real Property
Actions and Proceedings Law if applicable; and
(4) prohibition against denying admission to a
certified recovery residence based on factors referenced in section 860.9 of this
Part.
(d) The certified
recovery residence shall develop and implement written policies and procedures that
prohibit the certified recovery residence or staff of the certified recovery
residence from:
(1) requiring a resident to sign a
document relinquishing the resident's public assistance benefits, including medical
assistance benefits, cash assistance, Supplemental Security Income, and Supplemental
Nutrition Assistance Program benefits;
(2) requiring a resident to surrender cash or sign
over a payment;
(3) borrowing money from
a resident or lending money to a resident;
(4) buying property from a resident or selling
property to a resident;
(5) directly or
indirectly soliciting or accepting a commission, fee, or anything of monetary or
material value from residents, other related individuals, third-party entities, or
referral sources, beyond specified rent established in writing at the time of
residency; and
(6) directly assisting in
managing residents' personal finances.
(e) Certified recovery residences shall comply
with requirements for incident reporting to the office, in compliance with section
836.7 of Part 836 of this Title.
(f)
Certified recovery residences shall develop and implement written policies and
procedures for managing grievances from residents, family members, and community
members, which must include procedures for informing residents, family members, and
community members of the complaint process, including the ability to file a
complaint with the office.
(g) Emergency
medical kit.
(1) Certified recovery residences must
maintain an emergency medical kit at each certified location; such kit must include
basic first aid and naloxone emergency overdose prevention kits in a quantity
sufficient to meet the needs of the residence. Certified recovery residences must
develop and implement a plan to have all staff and residents trained in the use of a
naloxone overdose prevention kit such that it is available for use during all hours
of operation.
(2) Certified recovery
residences must notify all staff and residents of the existence and location of the
naloxone overdose prevention kits.
(3)
All certified recovery residences shall comply with any additional overdose
prevention and intervention guidance released by the office.
(h) Certified capacity. The certified bed capacity
of each certified recovery residence may not be exceeded at any time without the
express authorization of the office and in accordance with the following exceptions:
(1) in cases of emergency and unexpected surges in
demand where no alternative options are available;
(2) failure to temporarily accept individuals into
the residence would jeopardize their immediate health and safety;
(3) where the excess of capacity would be
time-limited; and
(4) at the discretion
of the office.
