N.Y. Comp. Codes R. & Regs. tit. 18 § 486.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 486.1 - General provisions

(a) The department shall inspect and maintain supervision over all public and private adult care facilities as defined in Part 485 of this Title, excluding shelters for adults, the inspection and supervision of which are addressed in Part 491 of this Title, and excepting State institutions for the education and support of the blind and the deaf, facilities subject to the approval, visitation and inspection of the Offices of the Department of Mental Hygiene, the State Commission of Correction, the Office of Children and Family Services or the Department of Health.

(b) Inspection and supervision of adult care facilities, excluding shelters for adults, shall be undertaken by the department to ascertain whether all applicable provisions of law and regulations are being complied with.

(c) Inspection and supervision of adult care facilities, excluding shelters for adults, shall include inquiry by the department into:

(1) general management and financial condition of the facility;

(2) operator's methods of administration;

(3) the development, implementation and updating of quality assurance activities for each area of operation of an adult home and residence for adults;

(4) methods of, and the equipment and physical plant for, providing residential care and services for residents;

(5) qualifications and general conduct of operators and employees;

(6) condition of grounds, buildings and other property;

(7) whether the laws and regulations regarding residents' rights are obeyed; and

(8) any other matter relating to the management of the facility and care of residents.

(d) The department may undertake enforcement action against any operator of an adult care facility, excluding shelters for adults, who fails to operate the facility in compliance with applicable provisions of law and regulation.

(e) Operators of facilities subject to the inspection and supervision of the department under this section, or any person, corporation, society, association or other entity which operates or holds itself out as being authorized to operate any such facility, shall allow the commissioner or designees full access to the grounds, buildings, books and papers relating to the facility and shall provide any information required by the department.

(f) The commissioner or any person designated by the commissioner may undertake an investigation of the affairs and management of any facility subject to the inspection and supervision of the department under this section, or of any person, corporation, society, association or organization which operates or holds itself out as being authorized to operate any such facility, or of the conduct of any officers or employers of any such facility. Persons empowered by the commissioner to conduct any such investigation are empowered to issue compulsory process for the attendance of witnesses and the production of papers, to administer oaths and to examine persons under oath, and to exercise the same powers in respect to the conduct of such an investigation as belong to referees appointed by the Supreme Court.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 486.1

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