2023 New York Laws › SOS - Social Services › Article 7 - Residential Care Programs for Adults and Children › Title 2 - Residential Programs for Adults › 461-K - Services for Non-Residents in Certain Adult Care Facilities.

* §   461-k.   Services   for  non-residents  in  certain  adult  care
facilities.    1.  (a)  "Services  for  non-residents  in  adult  homes,
residences  for  adults  and  enriched  housing  programs" shall mean an
organized program of  services  which  the  facility  is  authorized  to
provide  to  residents  of  such  facility  but  which  are  provided to
non-residents for the purpose of restoring,  maintaining  or  developing
the  capacity  of aged or disabled persons to remain in or return to the
community. Such services may include but shall not  be  limited  to  day
programs  and  temporary  residential  care  as defined herein. A person
participating in a program of services for  non-residents  in  an  adult
care  facility  shall be considered a resident of the facility and shall
be afforded all the rights and protections  afforded  residents  of  the
facility  under this chapter except that the provisions of sections four
hundred sixty-one-g and four hundred sixty-one-h of this title  relating
to  termination of admission agreements shall not apply and that persons
receiving services pursuant to this section shall not be  considered  to
be  receiving residential care as defined in section two hundred nine of
this chapter for purposes of determining eligibility for and the  amount
of supplemental security income benefits and additional state payments.
(b)  "Day  programs" shall mean an organized program for non-residents
which shall include personal care, supervision and other adult  services
which  the  facility  is  authorized  to  provide  to  residents of such
facility which may include but are not limited  to,  activities,  meals,
information  and  referral,  and transportation services, provided in an
adult home, residence for adults or enriched housing program.
(c) "Temporary residential care" shall mean the provision of temporary
residential care of frail or disabled adults on  behalf  of  or  in  the
absence of the caregiver for up to one hundred twenty days in any twelve
month  period,  provided  in  an  adult  home,  residence  for adults or
enriched housing program.
2. A program to provide services for non-residents in  an  adult  care
facility may be established and operated in an adult home, residence for
adults  or  enriched  housing  program provided that such facility has a
current operating certificate issued in  accordance  with  section  four
hundred sixty-one-b of this title. No operator may establish and operate
a  day  program  to  provide  services  for non-residents, as defined in
subparagraph (b) of subdivision one of this section, unless the operator
has  received  the  prior  written  approval  of  the  department.   The
department  shall  grant  such approval to operate a day program only to
those operators that are operating in compliance with applicable law and
regulations. No operator  may  provide  temporary  residential  care  as
defined  in  subparagraph (c) of subdivision one of this section, unless
the operator has notified the department of its intent to do so.
3. Every program of services for non-residents must be established and
operated in a manner  designed  to  ensure  that  such  program  neither
impairs  the effective operation of the facility nor lessens the quality
of care provided to the facility residents.
4. The department  shall  promulgate  regulations  to  carry  out  the
purposes  of  this  section,  including,  but not limited to, provisions
regarding   certification,   inspection,    supervision,    enforcement,
penalties,  records  and  reports,  public need, fiscal, administrative,
architectural,  safety,  nutrition,   duration   of   service,   program
standards,  information and referral, admission and discharge standards,
written service  agreements  for  day  services  programs  and  modified
admission   agreements  for  temporary  residential  care  programs  and
operator responsibility for services  and  supervision.  The  department
shall  have authority to enforce such regulations in the same manner and
to the extent  it  has  authority  to  enforce  regulations  promulgated

pursuant  to  sections four hundred sixty-a through four hundred sixty-f
and sections four hundred sixty-one through four hundred sixty-one-e  of
this article.
5.  The  department may waive the determination of public need when an
adult care facility is requesting approval to utilize no more than  five
beds  or  five percent of its certified capacity, whichever is less, for
temporary residential care.
* NB Expires July 1, 2026