N.Y. Comp. Codes R. & Regs. tit. 14 § 585.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 585.8 - Duties and responsibilities of family care providers

(a) General.

(1) The family care provider or providers, as identified on the operating certificate, shall live in and be responsible for the operation and management of the family care home.

(2) The family care provider shall participate with residents and program sponsors in planning treatment for each resident.

(3) The family care provider must provide a home-like, family living environment for residents and ensure that each resident is involved in family activities.

(b) Regulatory compliance. The family care provider shall assist the Office in carrying out its regulatory functions by:

(1) complying with the provisions of this Part, the Mental Hygiene Law, and all other applicable laws and regulations;

(2) making all reports as required by the commissioner with respect to family care home operations; and

(3) cooperating with the commissioner in any investigation or inspection of the family care home.

(c) Resident rights. Family care providers must ensure that residents are able to freely exercise their rights by:

(1) ensuring residents have the right to a reasonable degree of privacy;

(2) ensuring that residents are given reasonable opportunity to have visitors and to visit outside the family care home;

(3) allowing residents to communicate freely and privately by letter or telephone without censorship;

(4) providing recreation and cultural activities for residents;

(5) providing a place that is suitable for private, confidential consultation or examination between the resident and visiting program sponsor/clinical program representatives;

(6) maintaining confidentiality of all health and personal information regarding residents, including his or her mental health history, financial information, residential service plan, and communications with treatment staff;

(7) assisting residents in developing greater independence and self confidence so they may move to other living arrangements when appropriate; and

(8) ensuring each resident's right to attend religious services of choice or not to participate in religious activities if he or she so chooses.

(d) Prohibited actions. The following actions are prohibited in family care homes:

(1) the use of restraint of any form (physical, mechanical, or drug used as a restraint) on a resident;

(2) locking a resident in his/her room, or otherwise preventing a resident from leaving his/her room or other confined area;

(3) physically, verbally, or emotionally abusing a resident;

(4) exploiting the resident in the performance of chores or work activities in the home against the resident's will; and

(5) exploitation or misuse of the resident's funds by any person living in the family care home.

(e) Health and medical care.

(1) The family care provider must participate with the program sponsor in arranging for routine and emergency medical and dental care, and must provide first aid care for residents in the home.

(2) Family care providers must assist residents in the administration of medication as directed by program sponsor personnel.

(3) The nutrition needs of residents must be met as follows:

(i) Family care providers must provide three well-balanced and nourishing meals, and appropriate snacks for each resident every day following dietary recommendations made by the program sponsor. When special diets are prescribed for residents, the family care provider shall provide and supervise these diets.

(ii) The family care provider shall ensure that persons residing in the home routinely eat meals together as a family unit.

(iii) The family care provider shall ensure that residents occasionally have the opportunity to eat meals elsewhere.

(f) Activities of daily living. The family care provider shall ensure the daily living activities of residents are met as follows:

(1) Family care providers shall assist residents, as necessary, in personal hygiene and the activities of daily living.

(2) Family care providers shall assist each resident, as necessary, in maintaining an adequate supply of clean clothing and toilet articles for daily use.

(g) Recreational and social needs. The family care provider shall ensure the recreational and social activities of the residents are met as follows:

(1) The family care provider shall ensure that the family care home has a supply of recreation and leisure time materials available.

(2) The family care provider shall arrange for, and encourage, residents to participate in periodic recreational and social activities in the community according to each resident's abilities.

(h) Supervision of residents. The family care provider shall participate with the program sponsor to determine and plan the amount and kind of supervision to be provided for each resident.

(i) Transportation. The family care provider shall cooperate with the program sponsor in arranging for the transportation of residents to programs, schools, religious, social, and recreational activities, medical and dental appointments and any other necessary appointments. Family care providers must have suitable arrangements for emergency transportation. When no other arrangements can be made, the family care provider will be responsible for all necessary transportation of residents.

(j) Insurance. The family care provider must maintain adequate automobile and household insurance protection.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 585.8