reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 482 - Approval Of Certificates Of Incorporation › Section 482.5 - Business day care corporation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 applicant seeking office approval for the filing of a certificate of
			 incorporation, amendment, merger or consolidation that would include the
			 authority to operate a day care center or centers is subject to and must comply
			 with all the requirements of section
			 482.4 
			 of this Part, except for section
			 482.4(b)(7) 
			 of this Part. In addition to those requirements, the following information must
			 be submitted:
(1) the name, address and
			 occupation of each shareholder holding 20 or more percent of the stock of the
			 corporation, member of the board of directors and officer; and
(2) the number of shares of each class of
			 stock owned by each shareholder holding 20 or more percent of the stock of the
			 corporation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 482 - Approval Of Certificates Of Incorporation › Section 482.6 to 482.9 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 483 - Miscellaneous › Section 483.1 - Voluntary dissolution

Current through Register Vol. 46, No. 28, July 10, 2024
An application for approval of the voluntary dissolution
			   of a not-for-profit corporation shall contain information and data with
			   reference to:
(a) the public need for
			 such dissolution;
(b) the proposed
			 disposition of the assets of the corporation; and
(c) such other matter, or matters, as may be
			 deemed to be in the public interest.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 483 - Miscellaneous › Section 483.2 - Name of corporation

Current through Register Vol. 46, No. 28, July 10, 2024
An application for approval of the name of a business
			   corporation which contains the word "blind" or "handicapped" shall be on forms
			   provided by the department, shall be executed and submitted in accordance with
			   department instructions, and shall contain such data and information as may be
			   required to determine that the use of such words in the corporate name will not
			   tend to mislead or confuse the public into believing that the corporation is
			   organized for charitable or nonprofit purposes related to the blind or the
			   handicapped.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 483 - Miscellaneous › Section 483.3 - Denial of application

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an application for department approval
			   is denied, the applicant shall be notified in writing, by the department, of
			   the denial and of the reasons for such denial. Upon request of the applicant,
			   the department may, but is not required to, grant a hearing in accordance with
			   the procedures under Part 358 of this Title, or may otherwise provide for a
			   hearing, or for such other review as may be appropriate.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 484 - Development And Improvement Of Community Facilities › Section 484.1 - Fees and charges in connection with mortgage financing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An eligible borrower which has obtained a
			 mortgage loan from the New York State Housing Finance Agency under the
			 provisions of title 5-A of article 6 of the Social Services Law, or a community
			 senior citizens center and services company which has obtained a mortgage loan
			 from the New York State Housing Finance Agency under the provisions of article
			 VII-A of the Private Housing Finance Law to finance all or any part of a youth
			 facilities project or senior citizens center project shall pay the charges due
			 the department in accordance with this Part to cover the reasonable costs of
			 services rendered by the department, including inspection, regulation,
			 supervision and audit.
(b) For the
			 purposes of this Part:
(1) Development period
			 is the period commencing as of the date of the inception of the project and
			 terminating as of the date of occupancy.
(2) Operational period is the period
			 commencing as of the date of occupancy and terminating as of the date the
			 mortgage is paid.
(3) Occupancy
			 date shall mean the occupancy date as such date is defined in the
			 mortgage.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
		    apply, except as may be otherwise limited, to adult-care facilities as defined
		    herein. If any provision of this Part or of Part 486, 487, 488, 490, 492, 493
		    or 494 of this Title or any portion thereof is held invalid, the remaining
		    sections shall not be affected by such holding and shall remain in full force
		    and effect.
(b) This Part shall not
		    apply to State institutions for the education and support of the blind and the
		    deaf, facilities subject to the approval, visitation and inspection of the
		    State Department of Mental Hygiene or the State Commission of Correction,
		    facilities operated by or under the supervision of the Office of Children and
		    Family Services or facilities subject to the supervision of the Department of
		    Health pursuant to article 28 of the Public Health Law, nor to any housing
		    projects established pursuant to the Private Housing Finance Law, the Public
		    Housing Law, the former Membership Corporations Law or the Not-for-Profit
		    Corporation Law, except for those distinct programs operated by such projects
		    which provide supervision or personal care and which are approved or certified
		    by the department.
(c) Any person,
		    partnership, corporation, organization, agency, governmental unit or other
		    entity which operates an adult-care facility is subject to the jurisdiction of
		    the department and must comply with these regulations or cease
		    operation.
(d) Any action to
		    establish, operate, expand or modify an adult-care facility shall be subject to
		    the approval of the department. No adult-care facility shall be operated unless
		    and until the operator obtains the certification of the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.3 - Responsibility of government agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner, acting directly or
		    through local social services districts, and with the cooperation of other
		    State agencies, shall have the authority and responsibility to:
(1) promote the development of sufficient and
		    appropriate residential care programs for dependent adults;
(2) prescribe and promulgate regulations,
		    standards, policies and procedures governing the establishment and operation of
		    adult-care facilities which assure the protection of the health, safety and
		    well-being of the residents in the least restrictive environment available and
		    which provide residents with the opportunity for maximum privacy, personal
		    development and independence;
(3)
		    authorize, through the issuance of operating certificates, qualified operators
		    to establish and operate adult-care facilities;
(4) approve, prior to endorsement by a
		    justice of the Supreme Court and filing with the Secretary of State,
		    certificates of incorporation or amendments thereto of not-for-profit
		    corporations which have among their purposes the establishment and operation,
		    or fundraising for the eventual establishment and operation, of any adult-care
		    facility subject to the jurisdiction of the department; and
(5) administer a system of supervision,
		    inspection and enforcement for adult-care facilities which assures compliance
		    with regulations and the maintenance of standards of care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.5 - Operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
		    section shall apply to all adult-care facilities excluding shelters for adults,
		    which are addressed in Part 491 of this Title.
(b) Only a natural person or partnership
		    composed only of natural persons, a not-for-profit corporation, a public
		    corporation, a social services district or other governmental agency may be
		    issued an operating certificate by the department for the purpose of operating
		    an adult care facility. Family-type homes for adults may be issued an operating
		    certificate only if the operator is a natural person or persons. Enriched
		    housing programs may be issued an operating certificate only if the operator is
		    a public agency, public corporation or a not-for-profit corporation.
(c) An operating certificate for an adult
		    care facility subject to this section shall:
(1) specify the name and location of the
		    facility, the name of the operator, the type of facility and services to be
		    provided, the capacity of the facility, any conditions or limitations and the
		    duration of the certificate;
(2) be
		    nontransferable; and
(3) remain the
		    property of the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.6 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval to
		    operate an adult care facility, except for a shelter for adults addressed in
		    Part 491 of this Title, shall be granted only to an operator who satisfactorily
		    demonstrates and documents, on forms and in a manner prescribed by the
		    department, that:
(1) The operator:
(i) is of good moral character and standing
		    in the community;
(ii) has the
		    competence to effectively operate the proposed program;
(iii) has developed a facility and program of
		    operation which is in compliance with applicable law and regulations;
		    and
(iv) possesses sufficient
		    financial resources to successfully establish and operate the proposed program;
		    and
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.8 - Application for family-type homes

Current through Register Vol. 46, No. 28, July 10, 2024
Application to establish and operate a family-type home for
			 adults shall be submitted to the commissioner of the local social services
			 district in which the proposed facility is located, and shall be in accordance
			 with the requirements of section
			 489.4 
			 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.10 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
		    that an operator contracts with a separate independent entity to perform any of
		    the facility operations, the following conditions shall apply:
(1) The contractor shall demonstrate to the
		    satisfaction of the operator that the contractor is:
(i) financially stable; and
(ii) able, by reason of past performance or
		    like qualification, to perform the duties delegated by the operator.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.11 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator shall collect and maintain such information, records or reports as
		    determined by the department to be necessary.
(b) Operators of facilities subject to the
		    inspection and supervision of the department shall supply and provide access to
		    such information and records in such form and at such times as the department
		    shall determine.
(c) No
		    substitution for department forms may be made without prior written approval of
		    the department.
(d) The department
		    may request from any other State department or State or local agency, including
		    but not limited to the Department of Mental Hygiene, the Office of Children and
		    Family Services and the Board of Social Welfare, and such other department or
		    agency shall furnish such information as the department may require.
(e) Other State departments or State agencies
		    may request such information as such department or agency may require for the
		    proper discharge of its duties. Such departments and agencies shall safeguard
		    the confidentiality of such information, records and reports in the same manner
		    as the department.
(f)
Confidentiality.
(1) Officers,
		    employees or designees of the department shall maintain the confidentiality of
		    facts and information obtained as the result of submittal of any annual
		    financial report, any inspection or investigation of a facility.
(2) Operators shall maintain the
		    confidentiality of facts and information obtained and retained as part of
		    individual resident records.
(3) No
		    facts and information retained as part of individual resident records may be
		    released to anyone other than the resident, the operator, his employees or
		    agents, or an employee or designee of the department, without the written
		    permission of the resident.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.13 - Certified long-term care ombudsmen

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An operator must not restrict or prohibit the
				  access to the residents of the facility nor interfere with the performance of the
				  official duties of a duly authorized ombudsman certified by the State Office for the
				  Aging.
(2) Such access shall be
				  permitted at any time during a facility's regular business hours or regular visiting
				  hours.
(3) In addition to the access
				  permitted under paragraph (2) of this subdivision, an operator shall not restrict
				  access at other times if the ombudsman is seeking to investigate a complaint or is
				  responding to a specific request of a resident.
(4) The operator shall not interfere with the
				  privacy and confidentiality of the visits between the resident and the
				  ombudsman.
(5) An operator may not
				  retaliate nor take reprisals against any resident, employee or other person for
				  having filed a complaint with or having provided information to a duly authorized
				  ombudsman.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.14 - Access to adult-care facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section shall apply to all adult
		    care facilities excluding shelters for adults, which are addressed in Part 491
		    of this Title.
(b) An operator
		    shall not restrict or prohibit access to the facility by:
(1) family members, guardians, friends of an
		    individual resident and legal representatives, legal counsels and case
		    managers;
(2) individuals
		    representing community organizations or service agencies who will provide, free
		    of charge, a service or educational program to residents; or
(3) an employee or representative of any
		    public or private not-for-profit corporation, community organization or
		    association whose primary purposes for visiting include assisting residents in
		    resolving problems and complaints concerning their care and treatment, and in
		    securing adequate services to meet their needs. The operator shall make
		    available an unrestricted common area of the facility for such
		    visits.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.15 - Development grants for enriched housing programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may, to the extent funds
		    are available for such purpose, award development grants to, and contract with,
		    approved enriched housing programs.
(b) Grants shall be made for the purpose of
		    defraying reasonable and necessary start-up expenses and reducing initial
		    operating deficits incurred in the first 12 months of a program's operations
		    resulting from initial low occupancy rates.
(1) Use of such grant funds may include, but
		    shall not be limited to:
(i) administrative
		    expenses, including staff salaries, office overhead and equipment;
(ii) rent prior to occupancy;
(iii) security deposits;
(iv) minor renovations of existing
		    structures;
(v) furnishings and
		    household equipment;
(vi) moving
		    expenses of residents; and
(vii)
		    reasonable anticipated operating deficits resulting from low initial occupancy
		    rates.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.16 - Services for nonresidents of certain adult-care facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.17 - Long-term home health care program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Services provided under the long-term
		    home health care program (LTHHCP) or AIDS home care program (AHCP), as defined
		    in section
		    505.21 
		    of this Title, may be provided to a resident of an adult care facility, except
		    a shelter for adults, who:
(1) has been
		    deemed medically eligible by a physician for placement in a residential health
		    care facility but who can remain in an adult care facility if he/she receives
		    LTHHCP or AHCP services;
(2) as the
		    result of an assessment authorized by a social services district has been
		    determined appropriate to receive LTHHCP or AHCP services, provided the
		    assessment is conducted prior to the provision of such services and in
		    compliance with the provisions of section
		    505.21 
		    of this Title; and
(3) meets the
		    admission and continued stay criteria for the type of adult care facility in
		    which the person is residing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 486 - Inspection And Enforcement › Section 486.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 486 - Inspection And Enforcement › Section 486.2 - Inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Inspection
shall mean a process of inquiry and investigation
		    which shall include, but need not be limited to, announced and unannounced
		    onsite investigations, private interviews with residents, review and
		    investigation of the books and records of the facility, gathering of written,
		    photographic or other physical evidence, and such collateral contacts as the
		    department deems necessary for the purpose of determining compliance with
		    applicable laws and regulations.
(b) The department, or a local social
		    services district where appropriate, shall each year conduct a minimum of one
		    full inspection of each adult care facility that is not a shelter for adults
		    subject to inspection and supervision pursuant to Part 491 of this Title. Such
		    inspection shall include, but need not be limited to, examination of the
		    medical, dietary and social services records of the facility, as well as the
		    minimum standards of construction, life safety standards, quality and adequacy
		    of care, rights of residents, payments and all other areas of
		    operation.
(c) In each private
		    proprietary adult home or residence, the department shall conduct at least one
		    additional inspection each year.
(d) The department or, where appropriate, a
		    local social services district shall each year conduct a minimum of one
		    unannounced full inspection of each adult care facility that is not a shelter
		    for adults subject to inspection and supervision pursuant to Part 491 of this
		    Title.
(e) The types of inspections
		    undertaken by the department include, but are not limited to:
(1) complete inspections conducted prior to
		    certification or renewal, or, in facilities with serious or continual
		    deficiencies, to determine compliance with regulatory provisions in all areas
		    of operation;
(2) summary
		    inspections to determine compliance with key regulatory provisions in all areas
		    of operation;
(3) partial
		    inspections conducted to examine specific areas of operation; this inspection
		    may examine key regulatory provisions in any one area or be a thorough
		    examination of every regulation pertaining to that area;
(4) complaint inspections conducted in order
		    to determine the validity of a complaint concerning a facility;
(5) follow-up inspections conducted in order
		    to determine whether deficiencies noted during another inspection have been
		    corrected; and
(6) such other
		    inspections as may be necessary to ascertain compliance in a certified facility
		    or to determine if an uncertified facility should be classified as an adult
		    care facility.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 486 - Inspection And Enforcement › Section 486.3 - Inspection of uncertified facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 486 - Inspection And Enforcement › Section 486.4 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Enforcement
shall mean the action(s) undertaken or initiated
		    by the department to assure that adult care facilities are established and
		    operated in compliance with all applicable provisions of law and
		    regulation.
(b) Enforcement actions
		    undertaken by the department include, but are not limited to:
(1) issuance of notice of intention to
		    initiate enforcement;
(2) conduct
		    of hearings to determine if an operator has failed to comply with applicable
		    law and regulation;
(3)
		    determination, after hearing, that civil penalties should be imposed;
(4) determination, after hearing, to revoke,
		    suspend or limit an operating certificate;
(5) issuance of a commissioner's order, or an
		    order approved by a justice of the Supreme Court, requiring an operator to
		    immediately remedy conditions dangerous to residents;
(6) temporary suspension or limitation of an
		    operating certificate upon finding that resident health and safety are in
		    imminent danger;
(7) request to the
		    Attorney General to seek an injunction against an operator for violations or
		    threatened violations of law or regulation; or
(8) request to the Attorney General to take
		    such action as is necessary to collect civil penalties, seek criminal
		    prosecution, or to bring about compliance with any outstanding hearing
		    determination or order.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 486 - Inspection And Enforcement › Section 486.6 - Penalties for noncompliance by local social services districts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Withholding of funds.
Reimbursement for expenditures by a social services
			 district for the operation of an adult care facility, other than a shelter for
			 adults subject to Part 491 of this Title, shall be subject to withholding or
			 denial when the district, as operator of the adult care facility, fails to
			 comply with the law and regulations pertaining to the certification and
			 operation of such facilities.
(b)
Notification.
The department shall notify the district of all violations
			 pursuant to the procedures set forth in section
			 486.2(i) 
			 of this Part.
(c)
Funds to be withheld.
If corrections have not been made within 30 days of the
			 date the district received notice of the violations, or an approvable plan for
			 correction has not been submitted by the district within 30 days of the date
			 the district received notice of the violation, the department may withhold
			 either up to 50 percent of the State reimbursement for allowable expenses for
			 all publicly operated adult care facilities, other than shelters for adults, in
			 the district, if two or more of the district's publicly operated facilities are
			 subject to penalty pursuant to this section, or up to the entire State
			 reimbursement for allowable expenses for the nonconforming facility, from the
			 31st day after the notice of violation until the department notifies the local
			 district, in writing, that the facility is in compliance. The commissioner of
			 the local district shall be given written notice of the decision to withhold
			 reimbursement.
(d)
Subsequent denial of withheld funds.
If the local district does not correct the violations cited
			 in the notice of violations within the time periods specified in the notice of
			 withholding, the department may deny up to the entire amount of the withheld
			 reimbursement. The commissioner of the local district shall be given written
			 notice of the decision to deny reimbursement.
(e) The local district shall have the right
		    to a judicial review of the decision to withhold or deny reimbursement in
		    accordance with the provisions of article 78 of the Civil Practice Law and
		    Rules.
(f) Reimbursement may be
		    withheld or denied in whole or in part until such time that the district
		    notifies the department in writing of its compliance and the department
		    notifies the district in writing it has verified that the facility is in
		    compliance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
		    apply to adult homes as defined herein and, except as specifically limited by
		    Part 490 of this Title, to residences for adults.
(b) Parts 485 and 486 of this Title shall
		    apply to adult homes, except as specifically limited.
(c) This Part shall not apply to any housing
		    projects established pursuant to the Private Housing Finance Law, the Public
		    Housing Law, the former membership Corporations Law or the Not-for-Profit
		    Corporation Law, except for those distinct programs operated by such projects
		    which provide an organized program of supervision or personal care and as such
		    are approved and certified by the department.
(d) Any person, partnership, corporation,
		    organization, agency, government unit or other entity which operates an adult
		    home is subject to the jurisdiction of the department, and must comply with
		    these regulations or cease operation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    of an adult home shall provide, through its employees and agents, an organized,
		    24-hour-a-day program of supervision, care and services which:
(1) meets the standards set forth in this
		    Part;
(2) assures the protection of
		    resident rights; and
(3) promotes
		    the social, physical and mental well-being of the
		    residents.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.6 - Resident funds and valuables

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Funds.
(1) The operator shall
		    issue a receipt to a resident for any funds received for:
(i) payment of the facility rate;
(ii) payment of appropriate supplemental
		    charges;
(iii) payment of funds
		    owed to the operator by the resident;
(iv) deposits to a personal allowance account
		    established pursuant to section
		    485.12 
		    of this Title;
(v) any other funds
		    held in custody for the resident; and
(vi) any other funds received by the operator
		    from the resident.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.7 - Resident services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator shall be responsible for the provision of resident services, which
		    shall include, at a minimum, room, board, housekeeping, supervision, personal
		    care, case management and activities.
(b) The operator of a facility in which at
		    least 25 percent of the resident population or 25 residents, whichever is less,
		    are mentally disabled persons who have been released or discharged from
		    facilities operated or certified by an Office of the Department of Mental
		    Hygiene must arrange, by written agreement, with the outpatient or after-care
		    service of the nearest State psychiatric or developmental facility, the local
		    community mental health service, or a community support service provider, for
		    assistance with the assessment of mental health needs, the supervision of
		    general mental health care and the provision of related case management
		    services for those residents enrolled in mental health programs.
(c)
(1) The
		    agreement developed in satisfaction of subdivision (b) of this section shall be
		    reviewed and approved, prior to execution, by the appropriate regional offices
		    of the department and the Department of Mental Hygiene.
(2) The agreement shall address the role and
		    responsibility, if any, of each party for:
(i) pre- and post-admission assessment and
		    screening, except that final decisions on admission and retention shall remain
		    the responsibility of the operator;
(ii) the development of service plans, the
		    provision of or arrangements for services;
(iii) securing emergency mental health
		    services and rehospitalization;
(iv) coordination of services within the
		    facility and the exchange of information;
(v) provision of suitable and adequate
		    program space; and
(vi) resolving
		    conflicts or disagreements on individual cases.
(3) The agreement shall not limit or
		    supersede the authority or the responsibilities of either
		    party.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.8 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator shall provide meals which are balanced, nutritious and adequate in
		    amount and content to meet the daily dietary needs of residents.
(b) The operator shall provide at a minimum:
(1) three meals a day, served at regularly
		    scheduled times; and
(2) a
		    nutritious evening snack.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.11 - Environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
		    order to provide a safe, comfortable environment for residents, the operator
		    shall maintain the facility in a good state of repair and sanitation, and in
		    conformance with applicable State and local laws, regulations and
		    ordinances.
(b) An operator seeking
		    certification to operate an adult home, or an operator of a certified facility
		    planning renovation or remodeling, must:
(1)
		    submit to the department, in duplicate, plans and specifications for
		    construction, renovation or building addition; and
(2) proceed with implementation of such plans
		    only after obtaining written approval of the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.12 - Disaster and emergency planning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator shall have a written plan,
		    approved by the department, which details the procedures to be followed for the
		    proper protection of residents and staff in the event of an actual or
		    threatened emergency or disaster which interrupts normal service.
(b) The plan shall include, but not be
		    limited to:
(1) procedures and designated
		    staff responsibilities for execution of any part of the plan;
(2) procedures for full and partial
		    evacuation of the facility, including:
(i)
		    designation of staff responsible for the conduct and supervision of
		    evacuation;
(ii) schedule and
		    procedures for training all staff in evacuation procedures and
		    responsibility;
(iii) procedures
		    for the conduct of monthly fire drills for staff;
(iv) procedures for the conduct of quarterly
		    fire drills for staff and residents; and
(v) specific and current procedures for
		    evacuation of any residents with need for individual procedures;
(3) preliminary plans for
		    relocation of residents, if necessary;
(4) coordination of the facility plan with
		    such community resources and local disaster and emergency planning
		    organizations as may be available to provide temporary shelter, food and
		    clothing, and other essential services; and
(5) plans for the maintenance of service in
		    the event of reductions in personnel.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.13 - Transitional adult homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
		    section shall apply to all transitional adult homes.
(b)
Definitions.
(1) A
transitional adult
		    home
is an adult home with a certified capacity of 80 beds or more in
		    which 25 percent or more of the resident population are persons with serious
		    mental illness as defined in section
		    487.2(c) 
		    of this Part.
(2) An
alternative community setting
is any setting other than a
		    transitional adult home that is designed to promote independence and economic
		    self-sufficiency. Alternative community settings include, but are not limited
		    to:
(i) supported housing, including
		    scattered site apartments and single site apartments;
(ii) supported single room
		    occupancy;
(iii) supportive
		    housing, including community residence single room occupancy;
(iv) community residences;
(v) apartment treatment;
(vi) senior housing;
(vii) enriched housing programs;
		    and
(viii) such other housing
		    alternatives as are clinically appropriate.
(3)
Community services
means
		    services and supports provided in New York State that assist individuals with
		    mental illness to live in the community. Such services and supports include,
		    but are not limited to, assertive community treatment, intensive case
		    management, case management, personalized recovery oriented services,
		    continuing day treatment and Medicaid benefits for which a resident is
		    eligible, including home and community based services waivers, clinic services,
		    certified home health care, personal care assistance, and rehabilitative
		    services.
(4)
Mental health
		    census
means the number of residents in a facility who are persons
		    with serious mental illness as defined in section
		    487.2(c) 
		    of this Part.
(5)
(i)
Housing contractors
means housing providers that have contracted with the Office of Mental Health
		    to provide residents with information regarding housing alternatives and
		    community services, assess residents to determine their housing and service
		    needs and preferences, and make community housing available to residents
		    pursuant to such contracts.
(ii)
Peer bridger agencies
mean agencies that have contracted with
		    the Office of Mental Health to provide residents with access to peer bridgers.
		    Peer bridgers are individuals employed by, or whose services have otherwise
		    been retained by, peer bridger agencies, and who use their training and
		    experience to provide mentoring and support to residents considering community
		    transition.
(6)
Community transition coordinator
means a contractor retained
		    by the department to facilitate the transition of residents to alternative
		    community settings.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.14 - Reporting of reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities subject to the Justice Center, and any
			 individuals associated with such facility, or performing work for it, who fall
			 within the definition of
mandated reporter
under section 488  of the Social Services Law, shall report
			 any occurrence constituting a reportable incident immediately to the Justice
			 Center upon having
reasonable cause
to believe that a
			 reportable incident has occurred.
(a)
		    Circumstances to be reviewed that may lead to a reasonable cause conclusion
		    might include, but are not limited to:
(1) a
		    statement that a reportable incident has occurred;
(2) the presence of a physical condition
		    (
e.g.
, a bruise) which is inconsistent with the history or
		    course or treatment of the resident; or
(3) a visual or aural observation of an act
		    or condition indicating the occurrence of a reportable incident.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 488 - Adult Care Facilities Standards For Enriched Housing › Section 488.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
		    applies to enriched housing programs as defined herein.
(b) Parts 485 and 486 of this Title apply to
		    enriched housing programs, except as specifically limited in this
		    Part.
(c) This Part does not apply
		    to any housing projects established pursuant to the Private Housing Finance
		    Law, the Public Housing Law, the former Membership Corporations Law or the
		    Not-for-Profit Corporation Law except for those distinct programs operated by
		    such projects which provide an organized program of supervision or personal
		    care and as such are approved and certified by the department.
(d) Any person, partnership, corporation,
		    organization, agency, government unit, or other entity which operates an
		    enriched housing program is subject to the jurisdiction of the department and
		    must comply with requirements of this Part or cease operation unless such
		    requirements are waived pursuant to section
		    488.3(f) 
		    of this Part.