N.Y. Comp. Codes R. & Regs. tit. 14 § 584.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 584.11 - Service requirements

(a) The services available through residential treatment facility must address the treatment needs of the resident and must include mental health services, educational and vocational services, physical health services and dietetic services.

(b) As a component of the written plan for services and staff composition, the residential treatment facility shall provide a written plan and rationale for the services available which shall be subject to approval by the Office of Mental Health. The written plan shall indicate what services will be available and whether the residential treatment facility will provide the services directly or through a written agreement with the provider of services. The written plan shall indicate what services will be available for involvement by the families or legal guardians of the residents.

(c) The mental health services available through the residential treatment facility shall include, but are not limited to, the services listed below. These mental health services must be provided directly by the residential treatment facility:

(1) case coordination services;

(2) verbal therapies;

(3) medication therapy;

(4) therapeutic recreation services;

(5) task and skill training.

(d) The physical health services available through the residential treatment facility shall include, but are not limited to, the services listed below. Physical health services may be provided directly by the residential treatment facility or may be provided by written agreement as provided for in subdivision (e) of this section.

(1) a physical examination upon admission, periodic assessment of physical condition, and treatment as needed;

(2) a dental examination within six months of admission, periodic assessment, and treatment as needed;

(3) an assessment of immunization upon admission, and an ongoing immunization program;

(4) health education and sex education; and

(5) emergency care on a 24-hour basis.

(e) When physical health services are not provided directly by the residential treatment facility, there shall be a written agreement between the provider of services and the residential treatment facility. When physical health services are provided by the same provider of services, written policies and procedures will be an acceptable alternative to a written agreement. The written agreement or written policies and procedures shall, at a minimum, address:

(1) referral of residents;

(2) qualifications of staff providing services;

(3) exchange of clinical information; and

(4) financial arrangements.

(f) Educational and vocational services available through the residential treatment facility shall include, but are not limited to, the minimum requirements of the State Education Law regarding regular education, vocational education and special education, as appropriate to meet the needs of the residents. Education services may be provided directly by the residential treatment facility or may be provided by written agreement as provided for in subdivision (g) of this section. In any case, education services approved by the Education Department must be available either on the same site or in close physical proximity to the residential treatment facility.

(g) When the education services are not provided directly by the residential treatment facility, there shall be a written agreement between the provider of services and the residential treatment facility. The provider of education services shall be a State Education Department-approved program. When education services are provided by the same provider of services, written policies and procedures will be an acceptable alternative to a written agreement. The written agreement or written policies and procedures shall, at a minimum, address:

(1) qualifications of staff providing services;

(2) participation of educational and vocational staff in the treatment planning process;

(3) access by staff of the residential treatment facility to educational and vocational programs and records; and

(4) financial arrangements.

(h) The dietetic services available through the residential treatment facility shall include, but are not limited to, the services listed below. Dietetic services may be provided directly by the residential treatment facility or may be provided by written agreement as provided for in subdivision (i) of this section.

(1) safe and sanitary storage and serving of foods;

(2) planned menus that provide for a nutritionally adequate diet for all residents; and

(3) provisions to meet special dietary needs.

(i) When dietetic services are not provided directly by the residential treatment facility, there shall be a written agreement between the provider of services and the residential treatment facility. When dietetic services are provided by the same provider of services, written policies and procedures will be an acceptable alternative to a written agreement. The written agreement or written policies and procedures shall, at a minimum, address:

(1) qualifications of staff providing services;

(2) planned menus that provide for a nutritionally adequate diet served in an appetizing manner to all residents;

(3) provisions to meet special dietary needs; and

(4) financial arrangements.

(j) The residential treatment facility must have a written agreement for the provision of emergency psychiatric services with a provider of inpatient psychiatric services operated or certified by the Office of Mental Health.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 584.11

Amended New York State Register July 3, 2024/Volume XLVI, Issue 27, eff. 7/3/2024