N.Y. Comp. Codes R. & Regs. tit. 14 § 36.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 36.4 - Community placement of patients discharged or conditionally released

(a) The goal of community placement shall be to provide the most independent residential accommodation which is also physically safe and convenient and appropriate to the needs of the patient.

(1) The facility, in cooperation with county departments of social services and community mental hygiene services and other public and private community agencies or individuals shall take all necessary steps to obtain an adequate supply of safe, convenient and appropriate housing for patients to be discharged or conditionally released.

(2) In some cases, this goal can be met by organization and arrangement of physical facilities and property of the facility when appropriate placement resources in the community are inadequate.

(b) The placement of choice for many patients is in the home with the family which preceded inpatient service. It is recognized that for some patients such a situation never existed, for others no longer exists, and for still others would not be appropriate to the needs of the patient. In these instances, other placements may be appropriate under the following conditions:

(1) If the place of residence is subject to licensure, certification or approval by the Department of Mental Hygiene or other State agency such place of residence shall be currently and validly licensed, certified or approved.

(2) If groups of patients are placed in homes or apartments with no full-time on-site supervision by staff of a provider of services, the placing facility shall consult appropriate local agencies to determine that the building complies with local zoning, building, fire, and safety codes, ordinances and regulations.

(3) If a patient is placed alone in a home, apartment, or room the placing facility shall take care that he is capable of daily living without assistance. This care shall include but not be limited to regular and frequent visits to the patient by facility staff or staff of cooperating agencies to review adjustment during the initial period of community placement.

(c) The individual service plan of each patient to be placed in the community shall include plans for placement and placement shall be made in accordance with such plans. Such planning shall include, but not be limited to:

(1) review of the patient's physical, psychiatric, social and vocational conditions, disabilities and strengths, with particular attention to those related to his or her placement potential;

(2) services to overcome disabilities and capitalize on strengths to enable the least restrictive community placement possible;

(3) consideration of post-release supervision of the patient in the placement residence in addition to the plan for outpatient services to overcome mental disability;

(4) evidence of the patient's participation and that of the patient's family and friends, when appropriate, in the establishment of the placement plan and selection of the placement residence; and

(5) evidence of participation by staff of other agencies in the establishment of the placement plan, the plan for outpatient services and the means of assuring continuity of care, if services and supervision are to be provided by another agency in whole or in part.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 36.4