PDD-42-15-00002-A Article 16 Clinic Services and Independent Practitioner Services for Individuals with Developmental Disabilities (IPSIDD)  

  • 3/30/16 N.Y. St. Reg. PDD-42-15-00002-A
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 13
    March 30, 2016
    RULE MAKING ACTIVITIES
    OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
    NOTICE OF ADOPTION
     
    I.D No. PDD-42-15-00002-A
    Filing No. 280
    Filing Date. Mar. 11, 2016
    Effective Date. Apr. 01, 2016
    Article 16 Clinic Services and Independent Practitioner Services for Individuals with Developmental Disabilities (IPSIDD)
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Amendment of Part 679, sections 635-10.4, 671.5; and addition of Subpart 635-13 to Title 14 NYCRR.
    Statutory authority:
    Mental Hygiene Law, sections 13.07, 13.09(b) and 16.00
    Subject:
    Article 16 Clinic Services and Independent Practitioner Services for Individuals with Developmental Disabilities (IPSIDD).
    Purpose:
    To discontinue off-site article 16 clinic services and add requirements for IPSIDD.
    Text or summary was published
    in the October 21, 2015 issue of the Register, I.D. No. PDD-42-15-00002-P.
    Final rule as compared with last published rule:
    No changes.
    Revised rule making(s) were previously published in the State Register on
    February 3, 2016.
    Text of rule and any required statements and analyses may be obtained from:
    OPWDD Counsel's Office, Office for People With Developmental Disabilities (OPWDD), 44 Holland Avenue, 3rd floor, Albany, NY 12229, (518) 474-7700, email: RAU.Unit@opwdd.ny.gov
    Additional matter required by statute:
    Pursuant to the requirements of the State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the environment, and an E.I.S. is not needed.
    Assessment of Public Comment
    This document contains responses to public comments submitted during the public comment period for revised proposed regulations concerning clinic treatment service locations and IPSIDD.
    Comment: A commenter sought clarification on paragraph 679.99(t)(4) of the revised proposed regulation concerning services provided at satellite clinics. The commenter stated that the language seems to imply that any individual who has a need for the services provided at the clinic must be accommodated upon their request.
    Response: The revised proposed regulation in paragraph 679.99(t)(4) states: “Services delivered at a satellite site must be available, by appointment, to any individual who is eligible to receive such services.”
    The regulations provides that services at the satellite clinic location are available to any individual who is eligible to receive services at a clinic pursuant to Part 679 regulations, including individuals with a developmental disability, and individuals without a developmental disability, who meet specified criteria in paragraph 679.3(u) of the regulations. Many satellite clinics are established at locations co-located with other OPWDD programs/services (most frequently day habilitation programs). The provision clarifies, consistent with current practice, that services at a satellite clinic location must not be limited to individuals receiving services at a co-located program. The satellite must be willing and able to serve other individuals who may need services, who do not receive services at a co-located program. Clinic services are available by appointment only.

Document Information

Effective Date:
4/1/2016
Publish Date:
03/30/2016