N.Y. Comp. Codes R. & Regs. tit. 14 § 582.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 582.1 - Background and intent

(a) This Part is intended to promote the application of the most effective methods, including the use of evidence-based practices, to assist persons diagnosed with mental illness achieve maximum recovery while assuring their safety and general well-being.

(b) The provisions of this Part shall apply to the inpatient services of a freestanding psychiatric facility that has been certified by the Office of Mental Health to provide such services. Inpatient services provided in psychiatric inpatient units of general hospitals shall be governed in accordance with Part 580 of this Title. This Part shall not apply to any facility established by article 7 or article 10 of the Mental Hygiene Law.

(c) The Mental Hygiene Law requires the certification of any facility operated by an individual, association, corporation, or public or private agency to provide examination, diagnosis, care, treatment, rehabilitation or training to anyone with a disorder or disturbance in behavior, feeling, thinking or judgment so severe as to require care and treatment. Recognizing the differences between the methods usually applied in the care and treatment of persons with mental illness and persons with intellectual or developmental disabilities, the office intends this Part to apply only to inpatient services provided by hospitals for persons with mental illness.

(d) This Part prescribes standards for certification. Certification of itself does not confer eligibility to receive financial support from any governmental source.

(e) It is the intention of this Part to provide for a person-centered process, which, to the maximum extent possible, an individual participates in the planning of their services and makes informed choices about the services and supports that they receive. Compliance with this Part shall ensure that services are collaborative in nature and based on the individual's interests, preferences, strengths, and needs, are designed to empower the individual by fostering skills to achieve desired personal relationships, community participation, dignity, and respect and that the individual is satisfied with activities, supports, and services.

(f) It is the intent of this Part to foster increased responsibility of hospitals for persons with mental illness to evaluate and review their own services. However, such hospitals must: prepare an adequate plan for services which addresses modalities of care within the realm of behavioral healthcare and its associated comorbidities; have and reinforce staff training rooted in mental health services and promoting active treatment and recovery-oriented care; ensure staff have appropriate credentials and commensurate experience with the locus of care where they are working; promote patient rights shared decision-making, and person-centered care; define clear goals for admission and discharge preparedness; and, establish organizational policies and procedures which will facilitate implementation of the plan.

(g) Section 582.8 of this Part supersedes Part 77 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 582.1

Amended New York State Register December 18, 2024/Volume XLVI, Issue 51, eff. 12/18/2024