N.Y. Comp. Codes R. & Regs. tit. 14, § 584.8 – Admission, transfer, continued stay, and discharge policies and procedures.

(a) A residential treatment facility may only admit children under the following conditions:
1. (1) The child has an authorization for access to residential treatment facility services, which was obtained in accordance with section 584.22 of this Part and standards and procedures established by the Office of Mental Health or commissioner's designee.
2. (2) When determining the order of admission, the residential treatment facility shall consider the severity and intensity of need for access to residential treatment facility services, pursuant to section 584.22(b)(6) of this Part, of all the children who applied for admission to the facility, have been determined to meet admission criteria and are awaiting admission to the next available bed.
(b) A residential treatment facility may only make admission determinations based on the written admission criteria maintained pursuant to section 584.7 of this Part. If the residential treatment facility requests to waive this standard for a particular child, it may apply to the Office of Mental Health or commissioner’s designee for consideration of an extension or exemption of the standard with cause. If the residential treatment facility does not meet the standard, nor was it waived, the Office of Mental Health or commissioner’s designee, may halt admissions at its discretion.
(c) A residential treatment facility shall admit any child with an authorization for access to residential treatment facility services who has also been designated as priority for admission by the Office of Mental Health or commissioner's designee, who applies for admission to the residential treatment facility.
(d) Any child who has also been designated as priority for admission by the Office of Mental Health or commissioner's designee, who applies for admission at a residential treatment facility shall admit to the next available bed. If the residential treatment facility requests to waive this standard for a particular child, it may apply to the Office of Mental Health or commissioner’s designee for consideration of an extension or exemption of the standard with cause. If the residential treatment facility does not meet the standard, nor was it waived, the Office of Mental Health or commissioner’s designee may halt admissions at its discretion.
(e) Upon application for admission or transfer of a child, a residential treatment facility shall provide written notice as follows:
1. (1) All notices shall be made to the referral source, family/legal guardian, Office of Mental Health or commissioner's designee, and the local governmental unit of the child’s county of residence.
2. (2) The residential treatment facility shall give notice of receipt of an application for admission or transfer.
3. (3) The residential treatment facility shall evaluate and communicate the determination of the application for admission or transfer within a timeframe determined by the Office of Mental Health or commissioner's designee. If the residential treatment facility requests to waive this standard for a particular child, it may apply to the Office of Mental Health or commissioner’s designee for consideration of a seven day extension:
  1. (i) the residential treatment facility shall give notice when a child is determined to meet criteria for admission or transfer. This notice shall include the anticipated date of admission or transfer and any other requirements specified by Office of Mental Health or commissioner's designee;
  2. (ii) the residential treatment facility shall give notice when a child is determined to not meet admission criteria. This notice shall include the specific reason for such determination based on residential treatment facility’s admission criteria maintained pursuant to section 584.7 of this Part.
4. (4) When a resident is ready for discharge or transfer, notice shall be provided, if possible, 30 calendar days in advance of the anticipated date of discharge or transfer.
5. (5) When a resident attains the age of 21, notice shall be provided within 30 calendar days with the discharge plan that will achieve the child’s discharge from residential treatment facility services prior to the 22nd birthday.
(f) A residential treatment facility shall report to the Office of Mental Health or commissioner's designee and the advisory board on residential treatment facility admissions, as often as required, the disposition of applications for admission or transfer received by the residential treatment facility. Such report shall include, but not be limited to: the number of children that applied for admission or transfer to the residential treatment facility, the number of children deemed not appropriate for admission and the reason(s) why, the number of children admitted to each residential treatment facility, the number of children transferred from a hospital operated by the office of mental health and subsequently transferred to another hospital, the average length of stay for residents at the residential treatment facility, the number of children served at each residential treatment facility, and the number of involuntary placements and/or transfers from Office of Mental Health operated inpatient facilities.
(g) Admissions, transfers and discharges shall be in accordance with the applicable requirements of articles 9 and 29 of the Mental Hygiene Law and Parts 15, 17 and 36 of this Title.
(h) Written admission, transfer, continued stay and discharge policies and procedures shall be maintained as required in section 584.7 of this Part and shall be subject to approval by the Office of Mental Health. Such policies and procedures shall:
1. (1) specify that admission, transfer, continued stay and discharge shall be based on the written criteria established pursuant to section 584.7 of this Part;
2. (2) delineate special requirements for admission, transfer, continued stay and discharge of children in the custody of a social services official, the Office of Children and Families Services, or another person granted custody by the Family Court;
3. (3) prohibit discrimination solely on the basis of race, color, creed, handicap, national origin, sex or age;
4. (4) provide for notification of the mental health information service of each admission in accordance with the requirements of Part 15 of this Title;
5. (5) require that the medical necessity of each resident's continued stay in the residential treatment facility be regularly evaluated in accordance to standards and procedures established by the Office of Mental Health or commissioner's designee;
6. (6) be available to the staff, residents and their families, cooperating agencies and the general public; and
7. (7) require that discharge planning for each resident begin upon application for admission or transfer. Discharge planning shall be in accordance with section 29.15 of the Mental Hygiene Law and standards and procedures established by the Office of Mental Health or commissioner's designee; and shall include, at a minimum, identification of the discharge goals and the criteria for determining the medical necessity of the specific resident's continued stay.