N.Y. Comp. Codes R. & Regs. tit. 14 § 583.9

Current through Register Vol. 46, No. 19, May 8, 2024

Section 583.9 - Pre-admission process

(a) Applications for admission to residential treatment facilities may be made by a parent or guardian, directors of facilities licensed or operated by the Office of Mental Health; the committee of such person; social services officials or authorized agencies with care and custody of a child pursuant to the Social Services Law; the Director of the Division for Youth or a person or organization having custody of a child pursuant to an order issued under section 756 or 1055 of The Family Court Act; or the child himself/herself pursuant to section 9.13 of the Mental Hygiene Law. Such application shall include parental consent unless otherwise permitted by law.

(b) All applications shall be made directly to the pre-admission certification committee serving the region that includes the county in which the child's family resides or the county in which the child resided immediately prior to his/her most recent entry into the care or custody of social services officials, authorized agencies pursuant to the Social Services Law; the Director of the Division for Youth; or the Commissioner of Mental Health.

(c) The pre-admission certification committee shall obtain whatever information is necessary to make an eligibility determination.

(1) Application shall include, at a minimum, assessments of the child's psychiatric, medical, educational and social needs.

(2) When additional information is necessary, the pre-admission certification committee is legally authorized to request and receive clinical information regarding the child maintained by any person or entity.

(3) When additional information is necessary, the pre-admission certification committee may refer a child for additional assessment to a hospital or other facility licensed or operated by the Office of Mental Health.

(4) When an assessment is not available from a committee on the handicapped, the pre- admission certification committee shall request such assessment from the appropriate committee on the handicapped, to be provided within 30 days. For the purposes of this Part, the appropriate committee on the handicapped shall be the committee on the handicapped of the school district of residence at the time of the application for admission.

(d) [Reserved]

(e) The pre-admission certification committee shall base its determination of eligibility and immediacy of need of the individual child on a unanimous decision of those present. Such determinations shall be made in writing and shall include the physician's signature and the recommendation of each member of the pre-admission certification committee.

(f) The pre-admission certification committee in any region may refer a child determined to be eligible to a pre-admission certification committee in another region for consideration for certification as a priority for admission when appropriate services are not available in a residential treatment facility within their region and placement outside the region is determined to be appropriate.

(g) For each available bed, the pre-admission certification committee shall consider all children that have been determined to be eligible that meet the admission criteria of the individual residential treatment facility as approved pursuant to section 584.7 of this Chapter and shall certify children as the priority of the pre-admission certification committee for admission. The children considered shall include those children determined to be eligible by the pre-admission certification committee and those referred by another pre- admission certification committee pursuant to this section. The pre-admission certification committee shall consider, among other factors, the immediacy of the need of the individual child as determined pursuant to section 583.6(a) of this Part.

(h) The pre-admission certification committee shall base certification of children as the priority of the pre-admission certification committee on a unanimous decision of those present. Such determination shall be made in writing.

(i) The pre-admission certification committee shall reconfirm its determination of eligibility of a child when admission to a residential treatment facility does not occur within 60 days of the determination of eligibility pursuant to sections 583.6(b) and (d) and 583.8 of this Part by requesting an update of the child's status, including the child's clinical status, current placement, and willingness and ability to be admitted if offered a placement. The committee shall base its reconfirmation of eligibility on a review of the documentation provided. Such reconfirmation shall be based on a unanimous decision, made in writing and shall include the physician's signature. If a child found eligible is expected to be unavailable for admission for a period of less than 30 days, the child's eligibility shall be considered to be suspended. The child may be put back on eligibility status as of the date that the temporary suspension ends.

(j) The pre-admission certification committee shall decertify the child from eligibility and shall provide written notice of the decertification to the referral agency contact and child and/or family if:

(1) the committee is notified or independently determines that the child has been placed in another appropriate setting and care in a residential treatment facility is no longer needed;

(2) the child is receiving appropriate services that meet the child's clinical needs;

(3) the parent(s) or guardian(s) state that the child's admission into a residential treatment facility is no longer desired;

(4) the child's clinical condition has deteriorated such that admission to a residential treatment facility as set forth in section 583.8 of this Part would no longer be appropriate for a period of more than 30 days; or

(5) that the child no longer meets criteria for admission.

The committee may consider the sufficiency and accuracy of documentation it has received, and may request clarification and/or additional documentation, in determining whether to certify the child as eligible or decertify the child from eligibility.

(k) The pre-admission certification committee shall provide written notification to the referral agency contact and the child and/or the child's parent or legal guardian, as appropriate, or to the Family Court, if the child is the subject of a proceeding currently pending in the Family Court:

(1) that additional information or assessments have been requested prior to making an eligibility determination;

(2) that an eligibility determination has been made and whether or not the child has been determined to be eligible;

(3) that a referral has been made to another pre-admission certification committee for consideration for certification as priority for admission to a residential treatment facility bed designated in that region; or

(4) that a certification for admission to a residential treatment facility has been made.

(l) The preadmission certification committee shall act in a timely manner.

(1) All applications shall be reviewed for completeness within seven calendar days of receipt.

(2) Once all necessary information has been obtained, an eligibility determination shall be made within 30 calendar days.

(3) Once an eligibility determination has been made, written notification shall be made within seven calendar days.

(4) Eligibility shall be reviewed every 60 days as required by subdivision (i) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 583.9