N.Y. Comp. Codes R. & Regs. tit. 14 § 860.5

Current through Register Vol. 46, No. 39, September 25, 2024

Section 860.5 - General provisions applicable to all certified recovery residences

(a) Policies and procedures. The governing authority of the residence must approve written policies, procedures, and methods governing the provision of services to residents in compliance with this Part. Such policies, procedures, and methods shall reflect nationally and locally recognized best practices for oversight of a certified recovery residence. These policies, procedures, and methods must address, at a minimum:

(1) acceptance into the residence, including admission criteria;

(2) successful completion of stay;

(3) termination of residency, including referral procedures;

(4) staffing, including, but not limited to, training and use of student interns, peers and volunteers, and compliance with the criminal history review policies of Part 805 of this Title;

(5) resident financial obligations;

(6) management of all funds received and expended;

(7) maintenance of residence;

(8) encouraging and monitoring resident recovery through the development of a recovery plan;

(9) monitoring the recovery environment of the residence;

(10) recordkeeping and incident reporting in accordance with guidance issued by the office, with requirements including but not limited to:

(i) incident management plans;

(ii) incident review committees;

(iii) reporting of incidents to the office;

(iv) written incident reports;

(v) compliance with investigations and corrective actions; and

(vi) maintaining and release of records.

(11) confidentiality, including collecting and protecting resident data, personal health information, and other sensitive information in accordance with State and Federal laws, rules, and regulations;

(12) procedures for medical and environmental emergencies, including but not limited to resident substance use crises, emergency preparedness, and fire prevention;

(13) ensuring a resident's school-aged children are provided with appropriate educational services when applicable;

(14) resident rights and responsibilities, including grievance policies and processes;

(15) good neighbor guidelines, including neighborhood courtesy rules, disputes, and concerns; and

(16) MAT (Medication Assisted Treatment), including allowing all forms of legally prescribed MAT by residents, and non-discrimination for admission eligibility.

(b) The certified recovery residence shall develop and implement written policies and procedures on the use of prescription and over-the-counter medications by residents, which must include:

(1) self-administration of medication for residents who take medication;

(2) safe storage of medication and medical supplies in a locked container;

(3) policy on safe disposal of medication (i.e., if left behind by a resident, etc.); and

(4) use of and sharing of prescription and over the counter medications.

(c) The certified recovery residence shall develop and implement written policies and procedures for an individual's residency, which shall include, but not be limited to:

(1) resident eligibility criteria;

(2) guidance for successful completion of residency by meeting a resident's recovery, personal or financial goals, or social-emotional or other needs;

(3) criteria for terminating residency, including involuntary termination, which must include assertive linkages to emergency medical assessment, treatment services, recovery services, and/or safe housing alternatives, and a resident's right to appeal any decision to terminate residency and procedures for such process, consistent with guidance issued by the office and New York State Real Property Actions and Proceedings Law if applicable; and

(4) prohibition against denying admission to a certified recovery residence based on factors referenced in section 860.9 of this Part.

(d) The certified recovery residence shall develop and implement written policies and procedures that prohibit the certified recovery residence or staff of the certified recovery residence from:

(1) requiring a resident to sign a document relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance, Supplemental Security Income, and Supplemental Nutrition Assistance Program benefits;

(2) requiring a resident to surrender cash or sign over a payment;

(3) borrowing money from a resident or lending money to a resident;

(4) buying property from a resident or selling property to a resident;

(5) directly or indirectly soliciting or accepting a commission, fee, or anything of monetary or material value from residents, other related individuals, third-party entities, or referral sources, beyond specified rent established in writing at the time of residency; and

(6) directly assisting in managing residents' personal finances.

(e) Certified recovery residences shall comply with requirements for incident reporting to the office, in compliance with section 836.7 of Part 836 of this Title.

(f) Certified recovery residences shall develop and implement written policies and procedures for managing grievances from residents, family members, and community members, which must include procedures for informing residents, family members, and community members of the complaint process, including the ability to file a complaint with the office.

(g) Emergency medical kit.

(1) Certified recovery residences must maintain an emergency medical kit at each certified location; such kit must include basic first aid and naloxone emergency overdose prevention kits in a quantity sufficient to meet the needs of the residence. Certified recovery residences must develop and implement a plan to have all staff and residents trained in the use of a naloxone overdose prevention kit such that it is available for use during all hours of operation.

(2) Certified recovery residences must notify all staff and residents of the existence and location of the naloxone overdose prevention kits.

(3) All certified recovery residences shall comply with any additional overdose prevention and intervention guidance released by the office.

(h) Certified capacity. The certified bed capacity of each certified recovery residence may not be exceeded at any time without the express authorization of the office and in accordance with the following exceptions:

(1) in cases of emergency and unexpected surges in demand where no alternative options are available;

(2) failure to temporarily accept individuals into the residence would jeopardize their immediate health and safety;

(3) where the excess of capacity would be time-limited; and

(4) at the discretion of the office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 860.5

Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/25/2024