N.Y. Comp. Codes R. & Regs. tit. 18 § 313.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 313.1 - General policy

(a) Duties of a social services official with regard to mentally ill persons. In accordance with the provisions of section 9.47 of the Mental Hygiene Law, when a social services official, in the course of the performance of his or her duties, becomes aware of a mentally ill or apparently mentally ill person in the district who needs care and treatment and is unable to pay for it, the official must so notify the local director of community services, or, if there be no such director, the local health officer.

(b) Responsibility for meeting special needs of patients in State mental hygiene facilities.

(1) In accordance with the provisions of section 29.17 of the Mental Hygiene Law, the State Department of Mental Hygiene will, upon discharge or release, provide each patient with:

(i) adequate clothing appropriate to the season in which he or she is discharged or released; and

(ii) money not in excess of $50, if required to defray his or her expenses until the patient can reach his or her relatives or friends or find employment.

(2) When a financially needy patient in a State mental hygiene facility is about to be released for a temporary family visit, the director of the facility will notify the local social services department prior to the contemplated period of leave. Upon release, the patient's maintenance costs shall be provided by the social services district as follows:

(i) If the family household to which the patient is released is in receipt of public assistance and the patient is categorically eligible to be included in the family's grant, his or her needs shall be included in the family's grant in accordance with Part 352 of this Title.

(ii) If the family household to which the patient is released is not in receipt of public assistance, or if the patient is not categorically eligible to be included in the family's grant, an application shall be made by, or on behalf of, the patient and, if he or she is determined eligible, a grant or grants shall be issued for the duration of his or her leave.

(3) When a patient in a State mental hygiene facility dies without resources, and the costs of his burial cannot be met by the State Department of Mental Hygiene, the appropriate social services department shall provide burial, using assigned resources, if any.

(c) Responsibility for meeting needs of patients released or discharged from a State mental hygiene facility. Each social services commissioner shall in all cases be fiscally responsible for, and shall provide, direct services to persons eligible therefor who reside or are found in the district. In addition, each social services commissioner shall in the following cases provide public assistance, medical assistance, and purchase of services to eligible persons admitted from the district, for so long as such persons' eligibility continues therefor:

(1) persons released to convalescent care or community status;

(2) persons discharged from a State mental hygiene facility directly to a hospital, nursing home, or intermediate care facility.

(d) Responsibility for cooperation with directors of State mental hygiene facilities. Each local department of social services shall:

(1) upon notification from a director of a State mental hygiene facility that a patient is about to be placed in the community and is, or is likely to become, in need of public assistance and care, process appropriate applications and determine the applicant's eligibility;

(2) provide facility directors with all forms and assistance necessary to help patients apply for public assistance and care;

(3) cooperate with facility directors in developing an individual service plan, in writing, for each applicant, or potential applicant about whose discharge or release the department has been notified. Such cooperation shall include:

(i) providing information concerning available services, including those necessary to assure a successful transition to a condition of self-support and self-care in the community;

(ii) evaluating those services to determine whether they are appropriate to the applicants needs; and

(iii) assuring that the individual service plan is coordinated and integrated with the applicant's unified services plan or local services plan;

(4) make such visits to each recipient as may be appropriate, including all regular or periodic visits which are required in a recipient's individual service plan or in this Part, and report to the facility director any circumstances as may require him to take further action in the recipient's case. If the facility director finds that the recipient's living arrangement is no longer satisfactory, the local department shall assist the director in securing another residence;

(5) cooperate with, and assist, the facility director in reviewing each individual service plan to assure that it continues to be appropriate for the recipient;

(6) with respect to a patient in a State mental hygiene facility who is absent therefrom under conditions other than having been placed in the community as a result of a discharge, release, or conditional release from the facility, extend all appropriate help in locating him and in encouraging his return to the facility or to a residence offering the required level of care, supervision, and services;

(7) with respect to a person for whose property a facility director has recommended that a conservator be appointed, assume the responsibility for initiating such proceedings; and

(8) establish a distinct, identifiable, individual section or unit with the services division of the local social services department to be responsible for discharging the responsibilities and performing the functions cited above.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 313.1