N.Y. Comp. Codes R. & Regs. tit. 18 § 486.3

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

Section 486.3 - Inspection of uncertified facilities

(a) For the purposes of assessing whether an uncertified facility is a facility subject to the certification and inspection of the department under this section, the department may inspect any facility which reasonably appears to the department to be an adult care facility other than a shelter for adults. The needs of the residents, the care and services provided, the physical plant and the administration of the facility may be assessed in accord with applicable law and regulation.

(b) Upon arrival at the facility for purposes of conducting an inspection pursuant to this section, the department representative must give verbal notice to the operator, administrator or other person in charge that the inspection will be conducted unless such person objects to the inspection, and that if such person does object, the department is empowered to request the Attorney General to apply for a court order granting the department access to the facility.

(c)Denial of access.

If access to the facility is denied to the department representatives by the operator, administrator or other person in charge, the department is authorized to request the Attorney General to apply, without notice to the operator, administrator or chairman of the board of directors of a not-for-profit facility, to the Supreme Court in the county in which the facility is located for an order granting the department access to such facility.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 486.3

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