N.Y. Comp. Codes R. & Regs. tit. 14 § 686.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 686.6 - Administration

(a)Principles of compliance.

(1) Each supervised community residence shall have a residence manager who is appointed in accordance with agency/facility personnel policies and who, at a minimum, has been awarded a high school diploma or its equivalent and has one year of employment experience (see glossary, section 686.99 of this Part) with persons with developmental disabilities.

(i) The residence manager shall be responsible for the continuous direction and day-to-day operation of that residence.

(ii) Pursuant to agency/facility policy, the residence manager may be designated as the person responsible for the coordination of a person's plan of services (see glossary, section 686.99 of this Part). If the residence manager is not the designated coordinator, another staff person shall be designated as having that responsibility.

(2) Each community residence shall develop and implement policies/procedures which address, at a minimum:

(i) Admission, including at least:

(a) The process to determine an applicant's need for service, the ability of the facility to meet the ongoing needs of the individual, and consideration of the relevance of the family intactness and geographic proximity of the family.

(b) The requirement that staff and the applicant participate in the above process, including the final determination as to the applicant's admission.

(c) The procedures for obtaining admission.

(d) The applicant criteria, in functional terms for admission.

(e) The requirement that, to determine that an applicant meets the criteria prior to admission, it is necessary that the following information be reviewed:

(1) the results of a medical/physical examination conducted within 90 days prior to the review; and

(2) an assessment (see glossary, section 686.99 of this Part) or assessments of an applicant's strengths, needs (see glossary), interests and living skills completed within 90 days prior to the review.

(f) The requirement that, no person shall be admitted over his or her objection, except by a court order.

(g) The requirement that no person shall be excluded from a residence on the basis of race, religion, color, age, gender, national origin, or inability to pay for services. This shall not preclude a facility from establishing specific admission criteria that limit the range of the age or level of disability of the individuals, or their gender when necessitated by the overall objective of the facility.

(h) The requirement that each applicant, or parent, guardian or correspondent (see glossary, section 686.99 of this Part) as available, is informed in writing prior to admission and as changes occur of any charges (see section 686.12 of this Part) and the supplies and services provided by the facility (see section 686.13 of this Part), unless the applicant is a capable adult (see glossary) and objects to such notification to others.

(ii) Discharge, including at least:

(a) The criteria for discharge of individuals.

(b) The requirement that, to avoid precipitous discharge, reasonable efforts are made on the part of the community residence to meet the needs of a person before a more restrictive placement is sought and/or discharge is contemplated, taking into consideration the needs of the other individuals in the facility and the facility's available resources.

(c) The procedures for being discharged, including the procedures governing discharge of a person against the recommendations of the program planning team (see glossary, section 686.99 of this Part).

(d) The requirement that no overt or covert physical or psychological pressure shall be applied to prevent a person who desires to leave from doing so.

(e) The requirement that those responsible for program planning participate in designing plans and the coordination of services for a person in the process of being discharged from the residence.

(iii) Review and appeal procedures available to individuals and their parents, guardians, or correspondents, including but not limited to appeal of the plan of services and placement decisions, which are in conformance with the regulations of the commissioner.

(iv) Community involvement, providing direction to staff and individuals as to the type of activities that will promote and nurture the involvement of the community residence with the neighborhood and community.

(v) The means whereby individuals, in accordance with their capability, contribute to the decisionmaking process relative to the day-to-day activities at the community residence, and individual/staff involvement in neighborhood/community activities.

(vi) Requirements for the administration of the following:

(a) plans of services;

(b) person's financial records;

(c) confidentiality and protection of individuals' records;

(d) coordination, collection, release and tracking of statistical information;

(e) incidents and allegations of abuse; and

(f) medication administration, the current certification status of community residence staff to administer medications, and the self-administration of medication training program for individuals.

(vii) Medical emergencies, other potential emergencies, evacuation procedures to meet the special needs of persons with developmental disabilities, and disasters; the necessary staff actions associated with these situations; and the means to familiarize staff with these policies and procedures.

(viii) Health and safety issues.

(ix) Personnel policies/procedures addressing at least:

(a) the recruitment and hiring process; qualifications, education and skills required; job descriptions; description of duties and responsibilities; and job performance evaluations;

(b) staff training programs which include at a minimum:

(1) coordination of staff development and training that is consistent with individuals' and staff needs and agency/facility policies;

(2) orientation procedures;

(3) in-service training; and

(4) the use of community training resources;

(c) the means whereby matters of concern to staff can be made known without threat of job loss; and

(d) the prohibition of discrimination in hiring and promotion based on race, religion, color, gender, national origin, age or disability.

(x) The approval process for policies/procedures, which includes a description of the role of the governing body in this process.

(3) The agency/facility policy/procedure manual is a public document and, as such, shall be available to individuals, parents, guardians, correspondents, staff and others.

(b)Standards of certification.

(1) The agency/facility has written criteria for a residence manager which mandate that the person in the position has, at a minimum, been awarded a high school diploma or its equivalent and has at least one year of experience working with persons with developmental disabilities.

(2) The agency's personnel file for the residence manager contains documentation that the person in that position meets at least the minimum requirements as specified by agency/facility criteria for that position.

(3) A written policy/procedure manual(s) exists with contents addressing the following areas:

(i) admission and discharge of individuals;

(ii) administration of records;

(iii) emergencies and disasters;

(iv) health and safety issues;

(v) personnel;

(vi) review and appeal procedures for concerns of individuals and their correspondents;

(vii) community involvement of staff and individuals; and

(viii) individuals' involvement in community residence activities.

(4) Documentation exists indicating that at the time of admission, each individual and a parent, guardian or correspondent as available, was informed in writing of any charges which might be made and the supplies and services provided by the facility. The exception to notifications to others is when a capable adult objects to such notification.

(5) If changes in charges or supplies and services have occurred since The last survey, OPWDD shall verify this information was provided in writing to the individual, and a parent, guardian or correspondent, unless a capable adult objects to such notification.

(6) OPWDD shall verify that the facility has conducted new staff orientation and an annual review thereafter for all personnel assigned to the facility of the emergency procedures.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 686.6

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff.11/1/2015

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016