Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENEChapter XIV - Office for People With Developmental DisabilitiesPart 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities
Subpart 635-9 - Provision of Required Supplies and services
Section 635-9.2 - Requirements for nonresidential facilities

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-9.2

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 635-9.2 - Requirements for nonresidential facilities
(a)Principles of compliance.
(1) Nonresidential facilities shall assume the cost of:
(i) Any item or service for which local, State, or Federal funds are provided; or for which reimbursement is made through a rate, fee, or grant-in-aid.
(ii) All staff personal service costs and staff expenses incurred in the provision of services and activities which are specified in a person's plan of service or are part of the facility's recreational program.
(iii) Physical plant maintenance and improvements.
(iv) All utilities including heat, light, power, water and sewer.
(v) The purchase, operation and/or maintenance of all equipment, furniture, or supplies necessary to operate the facility in accordance with the regulations for the class of facility or any other applicable regulations.
(vi) Special equipment necessary to meet the developmental needs of persons at the facility.
(vii) Environmental adaptations made to the facility to meet the needs of persons while there.
(viii) Any item required to meet treatment needs at the facility as specified in a person's plan of services.
(ix) Damage caused by a person other than the portion of the expense:
(a) Covered by insurance.
(b) Received from a person as part of a meaningful restitution process as devised by the program planning team, approved in writing by the person's payee, if any, and approved by a committee, or part thereof, charged with protecting the rights of the person at the nonresidential facility.
(x) Nonresidential facilities providing day treatment and day habilitation services shall assume the cost of service which:
(a) are necessary to meet the needs of individuals while attending their programs; and
(b) prior to August 1, 2004 could have been met by home health aide or personal care services separately billed to Medicaid.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-9.2

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015
Amended New York State Register April 20, 2016/Volume XXXVIII, Issue 16, eff. 4/20/2016
Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016