N.Y. Comp. Codes R. & Regs. tit. 14 § 820.9

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

Section 820.9 - Discharge

(a) Discharge planning.

(1) Discharge planning shall begin as soon as the resident is admitted. Individuals entering treatment should progress by meeting treatment milestones including: stabilization; engagement; goal setting; remission of substance use disorder; and attainment of goals supporting recovery. Individuals should be considered for discharge once they have stabilized, met remission criteria for substance use disorder, and attained the support necessary to support long term remission.

(2) An individual discharged from a program must be discharged for a documented reason. Individuals discharged involuntarily must be discharged consistent with Part 815 of this Title.

(3) Patients and significant other(s) shall be offered overdose prevention education and naloxone education and training and a kit or prescription for naloxone.

(4) Programs shall develop a safety plan in collaboration with the patient.

(b) Discharge criteria. A resident shall be appropriate for discharge from the residential service and shall be discharged when he or she meets one or more of the following criteria:

(1) the resident has accomplished the goals and objectives identified in the comprehensive treatment/recovery plan;

(2) the resident refuses further care;

(3) the resident has been referred to other appropriate treatment which cannot be provided in conjunction with the residential service;

(4) the resident has been removed from the service by the criminal justice system or other legal process;

(5) the resident has received maximum benefit from the service; and/or

(6) the resident is disruptive to the service and/or fails to comply with the reasonably applied written behavioral standards of the facility.

(c) Discharge plan.

(1) A discharge plan must be developed in collaboration with the resident and any collateral person(s) the resident chooses to involve. The discharge plan shall specify needed referrals with appointment dates and times, all known medications (including frequency and dosage) and recommendations for continued care.

(2) The discharge plan must include an appointment with a community-based provider to continue approved medications for substance use disorder treatment.

(3) If the resident is a minor, the discharge plan must also be developed in consultation with his or her parent or guardian, unless the minor is being treated without parental consent as authorized by Mental Hygiene Law section 22.1; information pertaining to testing and treatment of sexually transmitted infections including HIV, cannot be shared with the minor patient's parent or guardian without the patient's consent, in accordance with applicable laws and regulations.

(4) No resident may be discharged without a discharge plan which has been reviewed and approved by the responsible clinical staff member and the clinical supervisor prior to the discharge. This requirement does not apply to residents who stop attending, refuse continuing care planning, or otherwise fail to cooperate. That portion of the discharge plan which includes referrals for continuing care must be given to the resident upon discharge.

(5) Residents should be discharged to the level of care indicated by the level of care protocol and may be moved between services within the residential program as long as the program is approved to provide the service and the resident meets the level of care for that service. Clinical staff should utilize the level of care protocol whenever a change in level of care is considered.

(6) No later than 30 days after discharge, a discharge summary must be finalized and included in each resident's record. The discharge summary must address and measure progress toward attainment of treatment goals.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 820.9

Adopted New York State Register December 9, 2015/Volume XXXVII, Issue 49, eff. 11/20/2015

Amended New York State Register December 6, 2017/Volume XXXIX, Issue 49, eff. 12/6/2017

Amended New York State Register September 14, 2022/Volume XLIV, Issue 37, eff. 10/1/2022