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§ 600.7 - Organization and administration

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§ 600.7 - Organization and administration active

Organization and administration

Jurisdiction: NY
CRISIS_STABILIZATION (100%)
Plain-English summary

This section establishes organizational and administrative requirements for Crisis Stabilization Centers certified under New York Title 14, Part 600. Operators must designate a Governing Body with overall responsibility, appoint a full-time Program Director, and develop written organizational plans, personnel policies, and programmatic policies covering confidentiality, recipients' rights, overdose prevention, cultural and linguistic competency, incident reporting, and non-discrimination. Hospital-based Crisis Stabilization Centers must integrate their governance and incident review with the host hospital's existing structures. Centers must also maintain MOUs with crisis residential services and develop contingency plans for periods of high demand.

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Regulation text
N.Y. Comp. Codes R. & Regs. Tit. 14 § 600.7 - Organization and administration 

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(a)

 Governing Body or Sponsor: The Crisis Stabilization Center shall identify a
 Governing Body or Sponsor (Governing Body) which shall have overall
 responsibility for the operation of the Center. The Governing Body may delegate
 responsibility for the day-to-day management of the Center to appropriate staff
 in accordance with the organizational plan approved by the Office. No
 individual shall serve as both a member of the Governing Body and as paid staff
 of the Crisis Stabilization Center without prior approval of the
 Office.

(b)
 For hospital-based
 Crisis Stabilization Centers, the Governing Body of the hospital shall be
 responsible for the overall operation and management of the Crisis
 Stabilization Center. The Governing Body may delegate responsibility for the
 day-to-day management of the Center to appropriate staff pursuant to an
 organizational plan approved by the Office. No individual shall serve as both
 member of the Governing Body and of the paid staff of the Crisis Stabilization
 Center without prior approval of the Office.

(c)
 For Crisis Stabilization Centers, the
 Governing Body shall delegate responsibility for the day-to-day management of
 the Crisis Stabilization Center in accordance with the written plan of
 organization provided for in paragraph (e)(2) of this section. 
 
(1)
 Onsite direction shall be delegated to an
 individual who shall be known as the Program Director and who shall meet the
 qualifications specified in section
 
600.11
(f)
 of this
 Part.

(2)
 The Program Director
 shall be employed by the Crisis Stabilization Center as a full-time
 employee.

(3)
 Overall
 administrative direction may be the responsibility of the Program Director or
 may be delegated by the Governing Body to an individual who shall meet
 qualifications that are acceptable to the Office.

(d)
 The Governing Body shall comply with all
 requirements set forth in 10 NYCRR Part 
405
 .2 as well as requirements
 established by appropriate local, State and Federal standard-setting
 bodies.

(e)
 The Governing Body shall
 be responsible for the following duties: 
(1)

 to develop an organizational plan which indicates lines of accountability and
 the qualifications required for staff positions. Such plan may include the
 delegation of the responsibility for the day- to-day management of the program
 to a Program Director who shall be a member of the professional staff employed
 by the Crisis Stabilization Center. Where such Crisis Stabilization Center is
 hospital-based, the Program Director shall report to the Director of Psychiatry
 or Medical Director of the host hospital.

(2)
 to develop written personnel policies
 which shall prohibit discrimination on the basis of race or ethnicity,
 religion, disability, gender identity or sexual orientation, marital status,
 age, documentation status, or national origin, as well as, written policies on
 affirmative action which are consistent with the affirmative action and equal
 employment opportunity obligations imposed by title VII of the Civil Rights
 Act, Federal Executive Order 11246, the Rehabilitation Act of 1973, section
 504, as amended, and the Vietnam Era Veteran's Readjustment Act;

(f)
 The Governing Body shall
 develop, approve, periodically review and revise as appropriate all
 programmatic and administrative policies and procedures. Such policies and
 procedures shall include, but are not limited to the following: 
 
(1)
 policies that guide efforts to reduce
 disparities in access, quality of care and treatment outcomes for
 underserved/unserved and/or marginalized populations, including but not limited
 to: people of color, members of the LBGTQ+ community, older adults, pregnant
 persons, Veterans, individuals who are hearing impaired, individuals with
 limited English proficiency, immigrants, individuals with
 intellectual/developmental disabilities and all justice system-involved
 populations;

(2)
 policies that
 ensure that efforts are made to employ staff that are proficient in the most
 prevalent languages spoken by service Recipient;

(3)
 policies and procedures governing
 Recipient records which ensure confidentiality consistent with the Mental
 Hygiene Law, sections 33.13, 33.14 and 33.16, 45 C.F.R. parts 
160
 and 
164
 and
 which provide for appropriate retention of such records pursuant to section
 
590.12
 of this Title;

(4)
 policies regarding the confidentiality of
 substance use disorder treatment records in accordance with state and federal
 law including 42 CFR Part 
2
 and HIPAA;

(5)
 policies that ensure the protection of
 Recipients' rights;
(i)
 At a minimum these
 policies shall establish and describe a Recipient's grievance
 procedure.

(ii)
 The Crisis
 Stabilization Center shall post a statement of Recipients' rights in a
 conspicuous location easily accessible to the public and provide a copy to
 service Recipients.

(6)

 policies for training staff to recognize the signs and symptoms of severe
 reactions to or overdose on substances including but not limited to alcohol,
 sedative-hypnotics, opioids, stimulants, cannabis and synthetic cannabinoids,
 and the appropriate interventions when overdose occurs in accordance with
 guidance from the Office
(i)
 Training on these
 interventions shall include but not be limited to education about the use of
 naloxone overdose prevention kits.

(ii)
 Centers must develop and implement a
 plan to have staff trained in the use of a naloxone overdose prevention kit and
 must ensure that such kit and appropriately trained staff are available during
 all program hours of operation.

(iii)
 Staff should be trained that overdose
 risk can exist with any illicit substance use, not limited to known opioid use
 or intended substance of choice.

(7)
 policies for the provision of overdose
 prevention education and training and availability of overdose prevention kits
 or prescriptions for service Recipients and their collaterals.

(g)
 Cultural and linguistic
 competency. 
(1)
 Crisis Stabilization Centers
 shall review demographic data for the Crisis Stabilization Center's Catchment
 Area to determine the cultural and linguistic needs of the population as well
 as disparities in access to treatment. Staff shall be trained to be aware and
 respond appropriately to the cultural and linguistic needs of the Catchment
 Area and develop a plan to address disparities in treatment access.

(2)
 Crisis Stabilization Centers shall ensure
 provision of language assistance services at no cost to the Recipient and/or
 their family/collaterals and shall make all necessary documents available in
 the Recipient's preferred language. Language access services will be made
 available in such a way that assessment or treatment activities will not be
 delayed. Crisis Stabilization Centers are responsible for ensuring the
 competence of individuals providing language assistance, recognizing that the
 use of untrained individuals and/or minors as interpreters should be
 avoided.

(3)
 Crisis Stabilization
 Centers shall provide easy-to-understand print and multimedia materials and
 signage in the languages commonly used by the populations in the service area,
 with a focus on the varied literacy levels among the service user
 population.

(h)
 County
 planning. 
(1)
 Crisis Stabilization Centers
 shall participate in county and community planning activities annually, and as
 additionally needed, to ensure, maintain, improve or develop community services
 that demonstrate recovery outcomes. These outcomes include, but are not limited
 to, quality of life, socio-economic status, entitlement status, social
 networking, coping skills and reduction in use of crisis services.

(i)
 Incidents. 
 
(1)
 The Crisis Stabilization Center shall
 ensure the timely reporting, investigation, review, monitoring and
 documentation of incidents pursuant to the Mental Hygiene Law and 14 NYCRR Part
 
524
. 
(i)
 The Crisis Stabilization Center
 shall utilize New York Incident Management Reporting System reports or other
 available incident/data analysis reports to assist in risk management
 activities and compile and analyze incident data for the purpose of identifying
 and addressing possible patterns and trends to improve service
 delivery.

(2)
 Incident
 Training. 
(i)
 All new staff shall receive
 training which must include at a minimum, the definition of incidents,
 reporting procedures, an overview of the review process, and the role of risk
 management.

(ii)
 Refresher incident
 reporting training shall be conducted at least annually for all staff and
 evidence of such training must be recorded in the staff personnel
 file.

(3)
 For
 hospital-based Centers, the hospital's incident review committee shall review
 incidents, make recommendations and ensure implementation of action plans with
 the Crisis Stabilization Center's Program Director.

(j)
 Non-discrimination. No Recipient that
 meets the criteria for treatment may be denied a based solely on the
 Recipient's:
(1)
 prior treatment
 history;

(2)
 referral
 source;

(3)
 pregnancy;

(4)
 history of contact with the criminal
 justice system;

(5)
 HIV and AIDS
 status;

(6)
 physical or mental
 disability;

(7)
 lack of cooperation
 by collaterals in the treatment process;

(8)
 toxicology test results;

(9)
 use of any illicit or prescribed
 substances, including but not limited to, benzodiazepines;

(10)
 use of medications for substance use
 disorder prescribed and monitored by a physician, physician's assistant or
 nurse practitioner;

(11)

 age;

(12)
 actual or perceived
 gender;

(13)
 national
 origin;

(14)
 race/color;

(15)
 actual or perceived sexual
 orientation;

(16)
 marital
 status;

(17)
 military
 status;

(18)
 familial status;
 or

(19)
 religion.

(k)
 Posting notices. The Crisis
 Stabilization Center shall ensure the posting of notices displaying the
 availability of on-site peer counseling/mutual-aid services and the address and
 telephone number of local off-site peer counseling/mutual aid
 services.

(l)
 The Crisis
 Stabilization Center will have memorandums of understanding (MOUs) with any
 available crisis residential services or comparable services for Recipients
 determined to need crisis stabilization beyond 23 hours and 59
 minutes.

(m)
 Crisis Stabilization
 Centers shall develop policies and procedures describing Recipient drop off
 from law enforcement, emergency medical services, mobile crisis and other
 outreach and treatment teams.

(n)

 Supportive Crisis Stabilization Centers shall develop policies and procedures
 describing how Recipients will access services identified in screening and
 assessment that are not provided by the Crisis Stabilization Center and
 follow-up to ensure such services are accessed.

(o)
 The Commissioners or their designee may
 prevent new presentations to the Crisis Stabilization Center emanating from
 emergency medical services, ambulance services and law enforcement if a
 conclusion is reached that the ability of the Crisis Stabilization Center to
 deliver quality service would be jeopardized. 
 
(1)
 The Commissioners or their designee shall
 review the continued necessity for such prevention at least once every
 twenty-four hours according to a mutually developed plan.

(2)
 The Crisis Stabilization Center shall
 develop a contingency plan with other local affiliated hospitals, emergency
 medical services and law enforcement for the prevention of new presentations
 during periods of high demand and overcrowding.

(3)
 Where a Crisis Stabilization Center
 prevents new presentations pursuant to this paragraph, the Crisis Stabilization
 Center must notify the appropriate OMH Field Office and OASAS Regional Office
 according to a mutually developed plan.

Notes

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

 §
 
600.7

Adopted
 
New
 York State Register June 29, 2022/Volume XLIV, Issue 26
, eff.
 
6/13/2022

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