NY Soc Serv L § 461-S (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 2 - Residential Programs for Adults 461-S - Enhancing the Quality of Adult Living Program for Adult Care Facilities.

§  461-s. Enhancing the quality of adult living program for adult care facilities. 1. (a)  The  commissioner  of  health  shall  establish  the enhanced quality of adult living program (referred to in this section as the  "EQUAL  program"  or  the "program") for adult care facilities. The program shall be targeted at improving the quality  of  life  for  adult care  facility  residents  by  means  of  grants  to  facilities for the purposes set forth in subparagraphs (i) and (ii) of the  paragraph.  The department  of  health,  subject  to the approval of the director of the budget, shall develop an allocation methodology taking into account  the financial  status  and  size  of  the  facility,  resident needs and the population of residents who receive supplemental security income,  state supplemental  payments,  Medicaid  (with  respect  to  residents  in  an assisted living program), or safety net assistance. On  or  before  June first  of each year, the department shall make available the application for EQUAL program funds. Grants may be used  to  support  the  following purposes:  (i)  to  improve the quality of life for adult care facility residents by funding projects including, but not limited to, clothing  allowances, resident  training to support independent living skills, improvements in food quality, outdoor leisure projects, and culturally recreational  and other  leisure  events;  and  resident quality of life, pursuant to this subparagraph, and  (ii) to improve the quality of life for adult care facility  residents by financing capital improvement projects that will enhance the physical environment  of  the  facility  and promote a higher quality of life for residents.  Any  capital  related  expense  generated  by  such  capital expenditure  must receive approval by the department of health, provided however, that such expenditures  shall  not  be  used  to  supplant  the obligations  of  the  facility  operator  to provide a safe, comfortable environment for residents in a good state of repair and sanitation.  (b) On or before June first of each year, the  department  shall  make available the application for EQUAL program funds to eligible adult care facilities, as set forth in this section.   2.  No  payment shall be made under the program to a facility that has received official written notice  from  the  department  of  a  proposed revocation, suspension, limitation or denial of the operator's operating certificate.   3. Prior to applying for EQUAL program funds, a facility shall receive approval  of  its  expenditure  plan from the residents' council for the facility. The residents' council shall adopt a process to  identify  the priorities  of  the  residents  for  the  use  of  the program funds and document residents' top preferences by means that may include a vote  or survey.  The plan shall detail how program funds will be used to improve resident quality of life, pursuant to subparagraph (i) of paragraph  (a) of subdivision one of this section, and support sustainable enhancements to  the  physical  environment  of the facility pursuant to subparagraph (ii) of paragraph (a) of this subdivision.  The  facility's  application for  EQUAL  program  funds  shall  include a signed attestation from the president or chair-person of the residents' council or, in  the  absence of  a  residents'  council,  at  least  three residents of the facility, stating that the application reflects the priorities of the residents of the facility. The department shall investigate reports of resident abuse and retaliation related to program applications and expenditures.   4. EQUAL program funds shall not be expended for  a  facility's  daily operating  expenses,  including  employee  salaries  or benefits, or for expenses incurred  retrospectively,  except  that  expenditures  may  be incurred  prior  to  the approval of the facility's application for such fiscal year, provided that: (a) consistent  with  subdivision  three  of  this  section, the residents' council approves such expenditure prior to the expenditure being incurred,  and  the  facility  provides  with  its application documentation of such approval and the date thereof; and (b) the  expenditure  meets  all  applicable  requirements  pursuant to this section and is subsequently approved by the  department.  EQUAL  program funds  may  be  used  for  expenditures  related to corrective action as required  by  an  inspection  report,  provided  such   expenditure   is consistent with subdivision three of this section.