N.Y. Comp. Codes R. & Regs. tit. 14, § 819.3 – Admission procedures.

(a) An individual who appears at the residential service seeking or having been referred for treatment or evaluation shall have an initial determination made and documented in a written record by a qualified health professional, or other clinical staff under the supervision of a qualified health professional, which states the following:
1. (1) that the individual appears to be in need of chemical dependence services;
2. (2) that the individual appears to be free of serious communicable disease that can be transmitted through ordinary contact; and
3. (3) that the individual appears to be not in need of acute hospital care, acute psychiatric care, or other intensive services which cannot be provided in conjunction with residential care or would prevent him/her from participating in a chemical dependence service.
(b) The determinations made pursuant to the above shall be based upon service provider records, reports from other providers and/or through a face-to-face contact with the individual, all of which must be documented.
(c) Level of care determination.
If an individual is determined to be appropriate for chemical dependence 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 and in no event not later than one day after the resident's first on site contact with the service.
(d) The level of care determination process must be in accord 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.
1. (1) prior treatment history;
2. (2) referral source;
3. (3) maintenance on methadone or other medication prescribed and monitored by a physician, physician's assistant or nurse practitioner; however, if a residential service objects to a individual's continued use of such prescribed drugs or substances, the residential service shall document each of the following:
  1. (i) obtain a signed consent form in accordance with the requirements of 42 Code of Federal Regulations part 2 which authorizes the release of patient identifying information to the physician, physician's assistant, or nurse practitioner who prescribed the drug or substance to the individual (the prescribing professional);
  2. (ii) consult with the prescribing professional to ascertain their knowledge and awareness of the individual's history of chemical dependence, and if the prescribing professional is unaware of the individual's history of chemical dependence, inform the prescribing professional accordingly; and
  3. (iii) after the required consultation in subparagraph (ii) of this paragraph, if the prescribing professional believes that the individual should be permitted to continue to use the drug or substance, the individual must be permitted to continue to use the drug or substance;
4. (4) pregnancy;
5. (5) history of contact with the criminal justice system;
6. (6) HIV and AIDS status;
7. (7) physical or mental disability; or
8. (8) lack of cooperation by significant others in the treatment process.
  (f) Admission criteria.
  To be admitted for residential services, the individual must be determined to be able to achieve or maintain abstinence and recovery goals with the application of residential services and:
9. (1) the individual must meet the admission criteria identified in section 819.8 of this Part for intensive residential rehabilitation services; or
10. (2) the individual must meet the admission criteria identified in section 819.9 of this Part for community residential services; or
11. (3) the individual must meet the admission criteria identified in section 819.10 of this Part for supportive living services.
(e) Prohibition against discrimination.
No individual shall be denied admission to the residential service based solely on the individual's:
(g) If the individual is deemed inappropriate for residential services, unless the individual is already receiving chemical dependence services from another provider, a referral to a more appropriate service 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.
(h) If determined appropriate for the residential service, the individual shall be admitted. The decision to admit an individual shall be made by a staff member who is a qualified health professional authorized by the policy of the governing authority to admit individuals. The name of the qualified health professional who made the admission decision, along with the date of admission, must be documented in the case record.
(i) There must be a notation in the case record that the resident 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 he/she understood them.
(j) All residents shall be informed that admission is on a voluntary basis and that a resident shall be free to discharge himself or herself from the service at any time. For residents under an external mandate, the potential consequences for premature discharge shall be explained, but this shall 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 his or her own best interest.