N.Y. Comp. Codes R. & Regs. tit. 14 § 679.1

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

Section 679.1 - Introduction and intent

(a) This Part establishes standards for participation in the provision of approved clinical services (see glossary and also section 679.3[j] of this Part) in a clinic treatment facility (see glossary) serving persons with developmental disabilities (see glossary). The operating certificate issued to a clinic treatment facility pursuant to this Part shall specify the clinical service areas, by discipline, approved, and the clinic certified setting(s) (by address[es]) under whose auspices said services are approved for delivery.

(b) Evidence of compliance with this Part along with Parts 633, 624, and 635 of this Title serve as the principal bases for the certification and recertification by the Office for People With Developmental Disabilities (OPWDD) (see glossary) of a clinic treatment facility serving persons with developmental disabilities.

(c) The purpose of a clinic treatment facility is to serve principally persons (see subdivision [e] of this section) with developmental disabilities and their collaterals (see glossary) as stipulated herein, either at a main clinic site certified by OPWDD or at a certified satellite site (see glossary) listed by address on the facility's operating certificate or, prior to April 1, 2016, off-site, by:

(1) Providing clinical services of principally a habilitative clinical nature to ameliorate or limit the disabling condition or other disease, illness, or condition through the provision of professional assessments and therapies, to persons, who because of their developmental disability, require such services to remain in or move to the least restrictive residential and/or day setting; or because such services are unavailable or inaccessible in the person's community.

(2) Providing services to a person through his/her collateral(s) for the purposes of enhancing the effectiveness of the treatment; enabling the person to remain in the family or placement setting as long as desired; and/or enhancing the person's quality of life.

(3) Providing convenient access to clinical services, including services available at nontraditional business hours, in nontraditional settings, making use of treatments delivered at certified satellite sites and, prior to April 1, 2016, when authorized, off-site.

(4) Providing access to clinical services to a person locate d in his/ her residence or other temporary location via telehealth (see glossary) while the provider is located either at a main clinic site certified by OPWDD or at a certified satellite site (see glossary)

(5) Providing clinical services that are not duplicative or substitutive of services provided by existing clinic treatment facilities. However, services described by the same clinical procedure code may be provided to address different clinical needs as documented in the clinic treatment plan. The treatment coordinator must document in the clinic treatment plan the coordination of similar clinical services provided to ensure there is no duplication of services.

(6) Providing quality services through the use of staff who hold the certification or licensure appropriate to their discipline and by program and/or staff affiliations with training institutions that can provide a source of continuing education as required to maintain current licensure.

(7) Offering managed health care (see glossary) as part of approved medical services (see section 679.3[j][3] of this Part) when serving as the person's principal care provider, by providing medical and/or dental care as well as coordinating tertiary medical care services, where it can be demonstrated that the generic health care system is either unavailable, without the specific capacity to provide quality services, inaccessible, and/or unable to serve such persons.

(8) Providing clinical services that are not duplicative of early intervention services authorized through an early intervention plan (EIP) or school or preschool supportive health services authorized through an individualized education plan; or duplicative of services available through the intermediate care facility for individuals with intellectual disabilities program, OPWDD operated or certified residential or day programs, or OPWDD funded home and community based services (HCBS).

(d) This Part is organized in a format consisting of principles of compliance and standards of certification. In reviewing the continued eligibility of a facility for an operating certificate, OPWDD shall survey for compliance with all "standards of certification" herein and any other applicable requirements. OPWDD may make inquiries into and evaluate evidence of noncompliance with the applicable "principles of compliance." The detailed premises for the principles of compliance and standards of certification format may be found at section 633.2 of this Title.

(1) Principles of compliance set forth the basic conditions for the operation of a facility. Facilities will not be routinely examined against principles of compliance at surveys for recertification. OPWDD reserves the right to monitor compliance with any applicable requirements at any time pursuant to the responsibilities of the commissioner (see glossary) under the Mental Hygiene Law.

(2) Standards of certification are criteria specified by OPWDD as necessary for compliance in order for a facility to demonstrate on a regular and ongoing basis that it can and will continue providing the appropriate environment to assure an adequate level of quality of care, welfare, individual rights, safety, and fiscal accountability. Surveys are conducted for the purpose of documenting compliance with standards of certification. Compliance with all applicable statutes and regulations, or an acceptable plan of correction, is a basis for issuing an operating certificate and/or renewing an operating certificate.

(e) The OPWDD certification process defined in subdivision 679.1(d) of this section is superseded by requirements in Part 619 of this Title, Certification of Facilities and Home and Community Based Services (HCBS), effective on the effective date of these regulations.

(f) OPWDD expects ongoing compliance with both principles of compliance and standards of certification included in this Part. Therefore, such compliance is the responsibility of the agency and is necessary for continued participation as a certified facility or funding as an approved program or service.

(g) As used herein, the terms, people, person(s), and individual(s) shall be understood to refer to those who have been admitted and are receiving services at a clinic treatment facility.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 679.1

Amended New York State Register March 30, 2016/Volume XXXVIII, Issue 13, eff. 4/1/2016

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

Amended New York State Register October 18, 2017/Volume XXXIX, Issue 42, eff. 10/18/2017

Amended New York State Register December 12, 2018/Volume XL, Issue 50, eff. 12/12/2018