New York State Laws and Regulations
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Downloadable Resources:
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- Employee Confidentiality Agreement
- Employee Orientation Checklist
- Client Records Checklist
- Quality Assurance
- Initial Training Requirements
Overview
A list of overall rules and regulations for New York. Click on the appropriate question to expand for more information.
What kinds of facilities require certification?
What kinds of services can a certified substance abuse treatment facility provide in New York?
What does it mean to be ‘licensed’, ‘certified’, ‘registered’ or ‘accredited’ in this industry?
Licensing & Certification
A list of rules and regulations for New York specific to licensing and certification. Click on the appropriate question to expand for more information.
Which body authorizes and oversees substance abuse treatment facilities in the State of New York?
What information must be provided in my initial application for certification?
What kinds of operating certificates are possible?
Does an operating certificate have to be renewed?
What kinds of on-site audits or inspections will there be for certification determination and how can I prepare?
What kinds of changes could affect certification once granted?
Zoning and Land Use
A list of rules and regulations for New York specific to zoning and land use. Click on the appropriate question to expand for more information.
What are the protections afforded to small group homes used for the purpose of residential substance abuse treatment?
Are there any proximity restrictions regulating how close treatment centers may be to each other? Can I open a residential treatment center right next to one that is already there?
What are the basic physical plant requirements for treatment facilities?
Care, Treatment, and Services
A list of rules and regulations for New York specific to care, treatment, and services. Click on the appropriate question to expand for more information.
How does a program decide if a patient or resident is suitable for the services they can provide?
What does an admissions agreement consist of?
What should go in a treatment plan?
What are the required services that a facility must provide to a patient?
How should staff manage patient medication?
What rights are guaranteed to patients?
What responsibilities do patients have?
Can facilities carry out searches and conduct drug tests on their patients?
What grounds are needed in order to dismiss a patient from a program?
I need to discharge a patient that relapsed, but am I at risk if he or she overdoses tonight. How can I protect myself?
How must clients’ privacy be protected?
What kind of governance and staffing structure should a substance abuse facility have?
How should I respond to patients who are unable to pay the required deductibles? Can I waive a program participant’s financial responsibility?
What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
Marketing
A list of rules and regulations for New York specific to marketing. Click on the appropriate question to expand for more information.
What marketing practices are prohibited?
What are the limits of gift giving to potential referral sources?
What kind of benefits can I offer existing or new patients?
Sober Living Environments
A list of rules and regulations for New York specific to sober living environments. Click on the appropriate question to expand for more information.
What is a sober home?
Do we need certification to open a sober home?
Are there any consequences to being uncertified?
What kinds of services can a sober home offer?
Does a sober home have to obtain certification in order to operate?
What are the protections afforded by federal law to small group homes used for the purpose of residential drug rehabilitation?
Can local governments put special restrictions on sober living residences?
What other aspects should I consider before choosing a location for our sober home?
What would our obligations to residents be?
What kind of agreement should we ask our residents to sign?
Can we insist on drug tests and searches?
Can a sober home bill insurance for required and/or random drug testing?
Can we make residents’ obligations contractually enforceable?
What kind of ownership and staffing structures are common with these types of residential arrangements?
Are there any other organizations where we could find more information?
Reminder:
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Members must log in to see the full answer and download the forms.
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