N.Y. Comp. Codes R. & Regs. tit. 14 § 687.99

Current through Register Vol. 46, No. 25, June 18, 2024
Section 687.99 - Glossary
(a)Certified capacity.

The maximum number of beds available for the placement of the OPWDD individuals receiving services and for use by individuals with developmental disabilities for respite purposes, as indicated on the operating certificate issued by the commissioner. In determining certified capacity, the commissioner takes into consideration all other persons residing in the home in relation to utilization and availability of space and accommodations. Any change in the total number of persons residing in the home may affect the certified capacity.

(b)Commissioner.

The commissioner of the New York State Office for People with Developmental Disabilities, or his or her designee.

(c) Disability, developmental. A developmental disability as defined in section 1.03(22) of the Mental Hygiene Law.
(d)Family care home.

The combination of a private residence and an individual or individuals certified by OPWDD, pursuant to and in accordance with the provisions of article 16 of the Mental Hygiene Law and this Part, to provide care for persons with developmental disabilities.

(e)Family care program.

A residential program using certified family care homes to provide care for individuals in a family-oriented setting.

(f)OPWDD.

The Office for People With Developmental Disabilities, which is the administrative and regulatory agency responsible for the design, authorization, development, operation and/or certification of services, programs and facilities providing care and treatment to residents of New York State with developmental disabilities.

(g)Operating certificate.

A written document conveying to the public the authorization by the commissioner for a family care provider to operate a family care home.

(h)Personal allowance account.

The account maintained by the family care provider for management of the individual's personal allowance, and which details an individual's personal funds by accounting for deposits, withdrawals and interest accruals relative to those funds.

(i)Sponsoring Agency.

An agency that provides oversight of OPWDD certified family care homes and the delivery of services to individuals therein. An agency is approved to be a sponsoring agency of OPWDD certified family care homes upon execution and approval of the written agreement between OPWDD and the agency, provided that it is and remains a provider of services under the Home and Community Based Services (HCBS) comprehensive waiver operated by OPWDD and complies with all of the provisions of the agreement. A family care home may be sponsored by a Developmental Disabilities State Operations Office ("state sponsored") or a voluntary agency ("agency sponsored").

N.Y. Comp. Codes R. & Regs. Tit. 14 § 687.99

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016
Amended New York State Register November 8, 2017 /Volume XXXIX, Issue 45, eff.11/8/2017
Amended New York State Register February 15, 2023/Volume XLIV, Issue 07, eff. 2/15/2023