N.Y. Comp. Codes R. & Regs. tit. 18 § 485.16

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

Section 485.16 - Services for nonresidents of certain adult-care facilities

(a) No operator of a certified adult home, residence for adults or enriched housing program can provide services to eligible nonresident participants of such facilities as defined in section 485.2 of this Part without the prior written approval of the department.

(b) An operator of a certified adult home, residence for adults or enriched housing program must apply for department approval to provide services to nonresidents of such facilities. Applications must be on forms approved by the department. Such application must include a written description of the proposed nonresident service program including, but not limited to:

(1) a description of the services to be provided to nonresidents and a description of how such services would be coordinated with the services provided to permanent residents;

(2) a description of the physical space to be used including plans for how such space is to be used and coordinated with the space used by the permanent residents;

(3) the number of staff engaged in delivering services to nonresidents, including duties, hours to be worked and staff qualifications and how such staff would be coordinated with existing staff;

(4) the number of nonresidents to be served during the day, evening and night;

(5) a description of how the participant's community-based plan of care, if any, will be used and coordinated with the nonresident services program;

(6) a description of the information and referral services to be provided to participants and the participants' caregivers;

(7) the transportation services, if any, which are available to participants;

(8) a description of fees or charges, if any;

(9) a budget for the services to be provided;

(10) proposed forms, including any agreements which nonresidents must sign; and

(11) plans to insure that participants, staff and volunteers are included in the provisions for disaster and emergency planning contained in sections 487.12 and 488.12 of this Title.

(c) The department will issue a letter of authorization to the operator of the adult home, residence for adults or enriched housing program who has been approved to establish and operate a program of services for nonresidents of such facilities. Approval will be granted only when the department finds that a substantially consistent high level of care is being provided to residents of the facility or program.

(d) The commissioner or his/her designee will administer a system of supervision, inspection and enforcement for approved services for nonresidents in adult homes, residences for adults and enriched housing programs which assures compliance with department regulations and the maintenance of standards which would assure that appropriate care is provided to participants.

(e) In accordance with Part 486 of this Title, the department may rescind authorization for an operator of an adult home, residence for adults or enriched housing program to provide services to nonresidents.

(f) Nonresidents of adult homes, residences for adults or enriched housing programs who apply to receive services in such facilities must be admitted in compliance with the admission standards specified in department regulations for the particular facility.

(g) Services provided to nonresidents of adult homes, residences for adults or enriched housing programs must be provided in compliance with the department's regulations concerning the delivery of services to residents of such facilities.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 485.16

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020