N.Y. Comp. Codes R. & Regs. tit. 14 § 27.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 27.2 - Definitions

As used in this Part:

(a)Facility means any place in which services for the mentally disabled are provided. It includes residential and nonresidential facilities, except as the context indicates otherwise.

(b)Patient means a person receiving services for the mentally disabled at a facility. It includes a resident at a school.

(c)Research includes, but is not limited to, any use of experimental drugs or treatment procedures as defined in section 27.10 of this Part.

(d)Sterilization means any procedure or operation, the primary purpose of which is to render an individual permanently incapable of reproducing and which is not a necessary part of the treatment of a physical illness or injury.

(e)Integrated residential community means a program that is certified by OPWDD as a residential program and is recognized by OPWDD as a service delivery alternative. In order to be considered an integrated residential community, the following criteria shall be met:

(1) The program shall be required to utilize a live-in staffing pattern, which promotes full and active interactions, between staff and clients, minimizes disruptions in clients' lives, and maximizes the stability of the residence. Not only are staff required to live with developmentally disabled clients, but the facility should be the staff person's primary domicile. The program is required to have disabled and nondisabled individuals working together. Staff are expected to actively participate in all aspects of daily living with clients interacting with them on a 24-hour, continual basis to provide a home community for both clients and staff.

(2) Developmentally disabled persons shall be integrated into most aspects of the program's operation. Developmentally disabled persons shall not do more work or specific kinds of work than are done by program, support or administrative staff. The environment shall be one of shared activities and mutual interdependence among disabled persons, program staff and administrators.

(3) The residence, the corporate entity and/or program's principles of care must be recognized as providing exemplary and excellent levels of care through evidence of national or international awards, testimonies and/or letters of reference from recognized persons in the MR/DD or government fields, or as recognized in the scholarly literature.

(4) The majority of staff directly or indirectly caring for the clients and administering the residence should be unsalaried.

(5) The residence shall demonstrate that it actually does provide excellent care, or for new residences, could provide such care on behalf of client growth and dignity, at a public cost lower than other programs serving a similar client population. The residence shall be able to demonstrate that services, care, and nuturance are given in such a way as to maximize each client's development and the quality of his or her life.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 27.2

Amended, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014