OPWDD Handbook update

October 17, 2017

Health Care Alert

Author(s): Michal E. Ovadia

Last month the New York State Office for People with Developmental Disabilities (OPWDD) published an updated version of The Part 624 and Part 625 Handbook. The Parts cover Reportable Incidents and Notable Occurrences and Events and Situations, respectively. This is the first update to the handbook since the last revision in October 2011. Some of the modifications reflected in Part 624 of the new handbook include:

  • Adjusting the definition of reportable incidents, including removing all references to “serious reportable incidents”;
  • Noting that, in addition to OPWDD, the Justice Center for the Protection of People with Special Needs has a right to investigate and/or review any reportable incident;
  • Requiring that an agency implement OPWDD’s recommendations following an investigation or review or, alternatively, submit written justification as to why a particular recommendation has not been implemented;
  • Mandating that an agency develop a plan of prevention and remediation for substantiated reports of abuse or neglect; and
  • Setting a 30-day deadline by which to complete agency investigations of an incident or notable occurrence.

OPWDD providers are encouraged to review the new handbook to see the full scope of changes made since the last update. Nixon Peabody attorneys are available to answer your questions and ensure that your policies and procedures are brought in line with the new standards.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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