N.Y. Comp. Codes R. & Regs. tit. 14 § 584.21

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

Section 584.21 - Waiver provisions

In order to be eligible for the waiver provisions of this section, a residential treatment facility must meet one of the three following requirements:

(a) The residential treatment facility is located in a rural area and can demonstrate to the satisfaction of the Office of Mental Health the need for a waiver. For purposes of this Part, a rural area shall be a county where the population density is less than one hundred persons per square mile based upon current available data. The following sections of this Part are eligible for waiver:

(1) Section 584.5(d). The Office of Mental Health may approve a resident capacity of less than 14 where the residential treatment facility can demonstrate that this limitation would adversely affect the services provided. Consideration will be given to factors such as, but not limited to, geographic distance and transportation problems of residents' families and availability of staff.

(2) Section 584.10(e). The Office of Mental Health may approve the use of a physician in lieu of a psychiatrist where the residential treatment facility can demonstrate that a psychiatrist is unavailable to meet the requirement. The physician must have specialized training or experience in treating mentally ill children and youth.

(3) Section 584.10(e). The Office of Mental Health may approve the use of a person who has received a bachelor's degree in one of the following areas, art education, drama, early childhood education, music education, physical education, psychology, rehabilitation, sociology or special education in lieu of a therapeutic recreation specialist in circumstances where the residential treatment facility can demonstrate that a therapeutic recreation specialist is unavailable to meet the requirement. The person holding such a degree must also have specialized training or experience in treating mentally ill children and youth. This provision is extended to residential treatment facilities in other than rural areas.

(4) Section 584.11(f). Educational and vocational services may be provided at a location different than the residential treatment facility when the residential treatment facility can demonstrate that such arrangements would benefit the residents and that such services will be fully integrated through the treatment planning process.

(b) The residential treatment facility serves a specialized target population and can demonstrate to the satisfaction of the Office of Mental Health the needs for a waiver based upon the specialized needs of the target population. Section 584.5(d) of this Part is eligible for a waiver if the residential treatment facility can demonstrate that the need for such a program would not justify a program serving 14 or more residents.

(c) The residential treatment facility has a physical plant with living units designed for more than 14 residents and the residential treatment facility can demonstrate to the satisfaction of the Office of Mental Health the need for a waiver. Section 584.19(c) of this Part is eligible for a waiver if the residential treatment facility can demonstrate that such arrangements would be consistent with its goals and objectives and it would not be detrimental to the residents.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 584.21

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