N.Y. Comp. Codes R. & Regs. Tit. 14 § 819.4 - Admission procedures

(a) Admission requirements for all programs.

(1) The admission assessment or decision to admit must include identification of initial services needed until the development of the treatment/recovery plan.

(2) Unless otherwise authorized, the program must document that the individual is determined to have a substance use disorder based on the criteria in the most recent version of the Diagnostic and Statistical Manual (DSM) or the International Classification of Diseases (ICD), as incorporated by reference in Part 800 of this Title.

(3) The decision to admit an individual must be made by a clinical staff member who is a qualified health professional and must be documented by the dated signature (physical or electronic) of the qualified health professional and include the basis for admitting the individual.

(b) Level of care determination. If an individual is determined to meet criteria for substance use disorder residential services, a level of care determination shall be made by a clinical staff member who shall be provided clinical oversight by a qualified health professional. The level of care determination shall be signed and dated by the clinical staff member. The level of care determination shall be made promptly after the individual's first on site contact with the service.

(c) The level of care determination process must be in accordance with the governing authority's policy and procedures and incorporate the use of the OASAS Level of Care for Alcohol and Drug Treatment Referral Protocol (LOCADTR) or another Office-approved protocol.

(d) Prohibition against discrimination. Individuals that meet level of care criteria for residential services, in accordance with this Part, may not otherwise be denied admission in accordance with the provisions of Part 815 of this Title.

(e) Admission criteria. To be admitted for residential services, the individual must be determined to have recovery goals with the application of residential services and meet the admission criteria identified in this Part for the applicable level of service.

(f) If the individual does not meet admission criteria for residential services, unless the individual already is receiving substance use disorder treatment services from another provider, a referral to a service that can meet the individual's treatment needs shall be made. The reasons for denial of any admission to the residential service must be provided to the individual and documented in a written record maintained by the residential service.

(g) There must be a notation in the resident's record that they received a copy of the residential service's rules and regulations, including resident rights and a summary of federal confidentiality requirements, and a statement that notes that such rules were discussed with the resident, and that the resident indicated that they understood them.

(h) All prospective residents shall be informed that admission is on a voluntary basis and that a resident shall be free to discharge themselves from the service at any time. For prospective residents under an external mandate, the potential consequences for premature discharge shall be explained, including that the external mandate does not alter the voluntary nature of admission and continued treatment. This provision shall not be construed to preclude or prohibit attempts to persuade a resident to remain in the service in their own best interest.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 14 § 819.4

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