New York State Adopts Extensive Regulations Affecting Use of Restrictive/Intrusive Interventions With Developmentally Disabled Persons

January 22, 2013

Effective April 1, 2013, the New York State Office for People With Developmental Disabilities (“OPWDD”) adopted regulations that provide extensive requirements for interventions used in residential facilities and day programs licensed or operated by OPWDD to modify or control challenging behavior. Click  here to read the new regulations. The regulations set forth various new definitions, prohibitions, reporting requirements, required policies, procedures and committees, and penalties for non-compliance. Providers affected by the new regulations include: (i) all residential facilities certified or operated by OPWDD, including family care homes; (ii) all facilities certified by OPWDD, except free standing respite, clinical treatment facilities and diagnostic and research clinics; (iii) day habilitation services (whether or not provided in a certified facility); (iv) prevocational services (whether or not provided in a certified facility); and (iv) community habitation (both hourly and Phase II). The regulations require that that an individualized written plan that outlines specific interventions designed to modify or control challenging behavior (“behavior support plan”) be developed and approved in accordance with certain procedures and requirements, including obtaining informed consent prior to implementation. The medication requirements only apply to facilities listed in item (i) above. The requirements regarding behavior support plans apply May 31, 2013 for new behavior support plans and May 31, 2014 for revised/renewed behavior support plans.

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