reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6655 - Fiscal › Section 6655.13 - State expenditures for rural areas

Current through Register Vol. 46, No. 28, July 10, 2024
In each year, the office awards under the formula to the
					 area agencies serving areas that were outside standard metropolitan statistical
					 areas as specified by the United States Department of Commerce in 1978 at least
					 105 percent of the funds expended in such areas in 1978 for services to older
					 persons under titles III, V and VII of the Older Americans
					 Act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.1

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.2

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.3

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.4

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.5

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.6

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.7

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6656 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 6656.8

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of the recreation program for the elderly
					 to provide State aid to participating municipalities for the provision of
					 programs for health promotion and recreational activities for elderly persons
					 in New York State in order to assist such persons to prevent physical or mental
					 deterioration which may result in premature institutionalization or loss of
					 independence and to delay the premature use of higher cost services. These
					 activities are designed to:
(a)
				  prevent isolation and associated functional losses by providing social
				  activities and opportunities to find companionship;
(b) promote the physical and mental health of
				  older persons by providing health promotion activities such as exercise, stress
				  management and education on proper diet and healthy life styles;
(c) promote personal growth and wellness by
				  providing intellectual, educational and cultural activities and creative arts
				  expression; and
(d) promote
				  usefulness by creating a feeling of adequacy and accomplishment through
				  volunteer service activities that contribute to the larger community.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Chapter:
(a) Director shall mean the Director of the
				  State Office for the Aging.
(b)
				  Council shall mean the advisory council to the recreation program for the
				  elderly established under section 542  of the Executive Law.
(c) Elderly person shall mean a person 60
				  years of age or older.
(d)
				  Municipality shall mean a legally constituted county, city, town or
				  village.
(e) Nonprofit agency shall
				  mean a corporation organized pursuant to the Not- for-Profit Corporation
				  Law.
(f) Program period shall mean
				  the annual period covered by a municipality's application, and shall be the New
				  York State fiscal year (April 1st through March 31st).
(g) Recreation program shall mean all
				  programs or activities conducted pursuant to section 543 of the Executive
				  Law.
(h) Resident shall mean an
				  elderly person who inhabits or has a place of residence located within the
				  municipality (or municipalities) sponsoring the local recreation program being
				  operated under this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.3 - Eligible municipalities

Current through Register Vol. 46, No. 28, July 10, 2024
A municipality is eligible for State aid for a recreation
					 program only if it was operating a recreation program on July 16,
					 1989.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.4 - Municipal program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A recreation program shall be related to
				  the health promotion and recreational needs of the elderly persons residing
				  throughout the municipality. In developing a recreation program, a municipality
				  shall consult the area agency on aging to ensure coordination with other
				  community-based services for the elderly.
(b) A recreation program shall be directed by
				  an individual who, by training and/or experience, is qualified to organize and
				  operate the program.
(c) A
				  recreation program shall be open to all resident elderly persons regardless of
				  race, color, creed, sex, disability, national origin, political affiliation or
				  other criteria that is not related to program operations. Activities shall be
				  organized to serve the maximum number of elderly persons in the municipality.
				  Spouses of elderly persons and nonresident elderly persons may participate at
				  the discretion of the municipality, but not if their participation would
				  exclude resident elderly persons.
(d) Resident elderly persons shall not be
				  required to pay a fee in order to participate in a recreation program.
				  Participants may be given an opportunity to make voluntary contributions
				  (without coercion) to help defray program costs. No older person may be denied
				  participation in a recreation program because of failure to contribute.
				  Resident nonelderly participants and nonresident participants may be charged a
				  fee.
(e) A municipality may
				  directly operate its recreation program, may enter into arrangements to work
				  together on joint recreation programs with one or more other municipalities, or
				  may subcontract the program in whole or in part to one or more nonprofit
				  agencies. Nothing contained herein shall relieve a municipality sponsoring or
				  cosponsoring a recreation program from the responsibility to supervise program
				  contractors to insure that the program is being carried out in accordance with
				  all applicable program requirements.
(f) The council may recommend to the director
				  additional requirements and procedures for recreation program
				  operations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.5 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  director shall approve any application which meets the requirements of this
				  Part and all other requirements established by law.
(b) A municipality shall submit an original
				  application, and three copies, to the State Office for the Aging prior to the
				  start of the program period in the manner and form prescribed by the director,
				  and shall send an informational copy to the area agency(s) on aging that serves
				  the area of such municipality. At a minimum, such application shall include the
				  following information:
(1) the name, address,
				  county of location and type of municipality of the sponsoring body;
(2) the name, title and phone number of the
				  municipal official authorized to sign claims and receive payments;
(3) the total budget, State aid requested and
				  local share for the program proposed;
(4) a brief description of the program
				  services proposed; and
(5) the
				  signature of the chief municipal officer of the sponsoring
				  municipality.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.6 - Reimbursement formula

Current through Register Vol. 46, No. 28, July 10, 2024
Within the limits of annual appropriations, a municipality
					 shall receive State aid equal to half its approved expenditures, but not more
					 than the amounts set forth in section 543 of the Executive Law according to the
					 latest census data which shall be certified in the same manner as provided by
					 section 54  of the State Finance
					 Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.7 - Claims for State aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  municipality receiving $2,460 or less in State aid shall submit a claim for
				  reimbursement at the end of its program period, or more frequently if
				  desired.
(b) A municipality
				  receiving more than $2,460 in State aid shall submit a claim for reimbursement
				  at least semiannually.
(c) Each
				  such claim for reimbursement shall be in a form prescribed by the director. At
				  a minimum, such forms must be submitted in duplicate and shall include the
				  following information:
(1) the name and
				  address of the municipality or municipalities sponsoring the recreation
				  program;
(2) the program
				  period;
(3) the period of
				  expenditure for which funds are being requested;
(4) the total amount of funds expended;
				  and
(5) the original signature of
				  the municipal official authorized to receive payment certifying that the
				  municipality has expended recreation funds in accordance with the terms of the
				  approved application and with the recreation program for the elderly law and
				  regulations. In addition, applications for reimbursement for municipalities
				  receiving $1,000 or more in State aid must include: a State aid voucher
				  continuation sheet listing all expenditures eligible for reimbursement; two
				  copies of the municipal voucher for all bus trips; and, two copies of the
				  municipal voucher for all items of expense exceeding $200.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.8 - Reimbursable items

Current through Register Vol. 46, No. 28, July 10, 2024
Reimbursable expenses for a recreation program may include
					 but are not limited to the following examples:
(a) compensation for salary paid to one or
				  more of employees for the purpose of administering the program;
(b) compensation for speakers or
				  consultants;
(c) rental costs for
				  program facilities;
(d) utilities
				  and janitorial costs associated with program facilities;
(e) supplies needed for program
				  operations;
(f) equipment needed
				  for program operations;
(g)
				  printing and copying costs;
(h)
				  telephone costs;
(i) group bus
				  trips which do not involve overnight lodging;
(j) advertising and public information costs
				  to promote the program;
(k)
				  refreshments which are incidental to program activities; and
(l) travel expenses by program leaders and
				  which are related to program purposes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter III - Recreation Program For The Elderly › Part 6659 - Recreation Program For The Elderly › Section 6659.9 - Nonreimbursable items

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures which are not related to the conduct of a
					 recreation program are not reimbursable. In addition, the following are
					 examples of items that are not reimbursable:
(a) participant meals (other than incidental
				  refreshments);
(b) participant
				  lodging;
(c) purchase or
				  improvement of real property (unless improvements are necessary to make the
				  program site accessible to people with disabilities and are approved of by the
				  director in advance);
(d) insurance
				  on capital structures;
(e) interest
				  on indebtedness;
(f) taxes from
				  which municipalities are exempt; and
(g) expenditures not in compliance with
				  law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 have the following meanings:
(a)
Administrative action
means any action or decision by an owner,
				  employee, or agent of a long -term care facility, or by a government agency,
				  which affects the provision of service to residents of or applicants for
				  admission to long-term care facilities.
(b)
Immediate family
, pertaining
				  to conflicts of interest, means a member of the household or a relative with
				  whom there is a close personal or significant financial relationship.
(c)
Local ombudsman entity
means
				  any entity designated to operate a local long-term care ombudsman
				  program.
(d)
Long-term care
				  facilities
means residential health care facilities as defined in
				  subdivision three of section twenty-eight hundred one  of the public health law,
				  adult care facilities as defined in subdivision twenty-one of section two  of
				  the social services law, and assisted living residences, as defined in article
				  forty-six-B of the public health law, or any facilities which hold themselves
				  out or advertise themselves as providing assisted living services and which are
				  required to be licensed or certified under the social services law or the
				  public health law. Within the amounts appropriated therefor, "long-term care
				  facilities" shall also mean managed long term care plans and approved managed
				  long term care or operating demonstrations as defined in section forty-four hundred three-f  of the public health law and the term "resident", "residents",
				  "patient" and "patients" shall also include enrollees of such plans.
(e) A
long-term care ombudsman
or
ombudsman
means a person who:
(1) is an employee or volunteer of the state
				  office for the aging or of a designated local long-term care ombudsman
				  program;
(2) has been certified as
				  having successfully completed a training program developed by the state
				  ombudsman; and
(3) has a current
				  designation as a long-term care ombudsman by the state long-term care
				  ombudsman.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.2 - Office of the State Long-Term Care Ombudsman Established

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Office of the state long-term care
				  ombudsman established.
(1) There is hereby
				  established within the state office for the aging an office of the state
				  long-term care ombudsman which shall be headed by the state long-term care
				  ombudsman, who shall carry out, directly and/or through local ombudsman
				  entities, the duties set forth in this section.
(2) The office of the state long-term care
				  ombudsman is a distinct entity, separately identifiable, and located within the
				  state office for the aging.
(3) The
				  state office for the aging shall provide the ombudsman program with legal
				  counsel that is adequate, available, has competencies relevant to the legal
				  needs of the program, and is without conflict of interest as determined by the
				  state office for the aging in consultation with the state long-term care
				  ombudsman.
(4) The state office for
				  the aging shall not establish personnel policies or practices which prohibit
				  the ombudsman from performing the functions and responsibilities of the
				  ombudsman, as set forth in this section.
(5) Nothing in this provision shall prohibit
				  the state office for the aging from requiring that the state ombudsman, or
				  other employees of the office of the state long-term care ombudsman, adhere to
				  the personnel policies and procedures of the state office for the
				  aging.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.3 - Conflicts of Interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Identification of organizational conflicts of local ombudsman entities.
In identifying conflicts of interest, the state ombudsman
					 shall consider the organizational conflicts of local ombudsman entities that
					 may impact the effectiveness and credibility of the work of the ombudsman
					 program. Entities with organizational conflicts of interest include, but are
					 not limited to, those that:
(1) are
				  responsible for licensing, surveying, or certifying long-term care
				  facilities;
(2) are associations
				  (or affiliates of such associations) of long-term care facilities, or of any
				  other residential facilities for older individuals or individuals with
				  disabilities;
(3) have any
				  ownership or investment interest (represented by equity, debt, or other
				  financial relationship) in, or receive grants or donations from, a long-term
				  care facility;
(4) have governing
				  board members with any ownership, investment or employment interest in
				  long-term care facilities;
(5)
				  provide long-term care to residents of long-term care facilities, including the
				  provision of personnel for long-term care facilities or the operation of
				  programs which control access to or services for long-term care
				  facilities;
(6) provide long-term
				  care coordination or case management for residents of long-term care
				  facilities;
(7) set reimbursement
				  rates for long-term care facilities;
(8) provide adult protective
				  services;
(9) are responsible for
				  eligibility determinations regarding Medicaid or other public benefits for
				  residents of long-term care facilities;
(10) conduct preadmission screening for
				  long-term care facility placements;
(11) make decisions regarding admission or
				  discharge of individuals to or from long -term care facilities; or
(12) provide guardianship, conservatorship or
				  other fiduciary or surrogate decision-making services for residents of
				  long-term care facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.4 - Responsibilities of a long-term care ombudsman

Current through Register Vol. 46, No. 28, July 10, 2024
A long -term care ombudsman, in accordance with policies
					 and procedures established by the state long-term care ombudsman, shall:
(a) identify, investigate, and resolve
				  complaints that are made by, or on behalf of, long term care residents in this
				  state and that relate to actions, inactions, or decisions that may adversely
				  affect the health, safety, and welfare or rights of such residents;
(b) provide services to assist residents in
				  protecting their health, safety, welfare and rights, including but not limited
				  to representing the interests of residents before governmental agencies and
				  seeking appropriate administrative, legal and other remedies to protect their
				  welfare, safety, health and rights;
(c) inform the residents about means of
				  obtaining services provided by the long-term care ombudsman program and other
				  public agencies;
(d) represent the
				  interests of residents before government agencies and assure that individual
				  residents have access to, and pursue (as the ombudsman determines necessary and
				  consistent with resident interest) administrative, legal, and other remedies to
				  protect the health, safety, welfare, and rights of the residents;
(e) ensure that residents have regular and
				  timely access to the services provided through the long-term care ombudsman
				  program and that residents and complainants receive timely responses to
				  requests for information and complaints;
(f) promote, provide technical support for
				  the development of, and provide ongoing support as requested by resident and
				  family councils to protect the well-being and rights of residents;
				  and
(g) carry o ut such other
				  activities as the state ombudsman determines to be appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.5 - Designation of ombudsmen

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  state ombudsman may appoint as a long -term care ombudsman an individual who
				  has successfully completed the training program required by the state
				  ombudsman. In addition, the state ombudsman may refuse, suspend, or remove such
				  appointments of ombudsmen.
(b)
				  Before recommending to the state ombudsman that an individual be designated as
				  an ombudsman, the coordinator of a local ombudsman entity shall assure that
				  such individual has successfully completed a training program for ombudsmen
				  which included the minimum number of hours of training required and which
				  provided for training in all subject and skill areas specified by the state
				  ombudsman.
(c) The state ombudsman
				  shall investigate allegations of misconduct by ombudsmen in the performance of
				  ombudsman program duties and shall coordinate such investigations with the
				  state office for the aging and with the local ombudsman entity.
(d) The state ombudsman shall offer an
				  opportunity for reconsideration of any decision to refuse, suspend, or remove
				  the appointment of any ombudsman, and shall follow the grievance process for
				  such actions. Notwithstanding the grievance process, the state ombudsman shall
				  make the final determination to appoint or to refuse, suspend, or remove the
				  appointment of an ombudsman.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.7 - Responsibilities of local ombudsman entity coordinators

Current through Register Vol. 46, No. 28, July 10, 2024
Each local ombudsman entity shall be directed by a paid
					 coordinator who has supervisory authority over the long-term care ombudsmen
					 participating in the local ombudsman program operated by such entity, including
					 responsibility for:
(a) recruiting,
				  screening, training and supervising such ombudsmen;
(b) identifying those to be recommended to
				  the state long-term care ombudsman for designation as long-term care
				  ombudsmen;
(c) identifying to the
				  state long-term care ombudsman those whose certification as long-term care
				  ombudsmen is recommended to be removed;
(d) distributing to the long-term care
				  ombudsmen identification cards, and collecting such cards from those leaving or
				  being removed from the program;
(e)
				  assigning long -term care ombudsmen to facilities in the program's service area
				  in accordance with standards set by the state long-term care ombudsman;
				  and
(f) assuring that any files
				  maintained by the ombudsman program are disclosed only at the discretion of the
				  state long-term care ombudsman, and that the identity of any complainant or
				  resident of a long-term care facility shall only be disclosed in accordance
				  with the provisions of this part or at the direction of the state
				  ombudsman.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.8 - Program standards for local ombudsman programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local ombudsman entity hosting a
				  local ombudsman program shall:
(1) assign a
				  paid coordinator to supervise the local ombudsman program;
(2) have paid and/or volunteer staff which
				  fulfill the responsibilities defined in section
				  6660.5 
				  of this Part;
(3) use the statewide
				  uniform reporting system to report to the state long-term care ombudsman
				  complaint summaries and program activities on forms prescribed by the state
				  long-term care ombudsman;
(4)
				  establish and maintain effective linkages with local legal assistance
				  providers, regional offices of state agencies which license, survey or regulate
				  long-term care facilities, local agencies which provide services to residents
				  of long-term care facilities or which pay for the provision of such services,
				  any area agencies on aging within whose planning and service areas the program
				  will operate, and other agencies which may affect the provision of services to
				  residents of long-term care facilities in the local ombudsman program's service
				  area;
(5) upon lapse of
				  designation, collect and send to the state ombudsman all identification cards,
				  all complaint files, and all program files that identify any complainant or
				  resident;
(6) ensure that it does
				  not have personnel policies or practices which prohibit a ny ombudsman from
				  performing the duties of the ombudsman program or from adhering to the
				  requirements of section two-hundred eighteen of the elder law or any relevant
				  sections of the older americans act. Nothing in this provision shall prohibit
				  the local ombudsman entity from requiring that ombudsmen adhere to the entity's
				  otherwise applicable personnel policies and procedures;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.9 - Procedures for ombudsman access to facilities and residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access to long-term care facilities. An
				  ombudsman shall have authority to enter all long-term care facilities at any
				  time during a facility's regular business hours or regular visiting hours, and
				  at any other time when access may be required by the circumstances to be
				  investigated and shall have access to all residents and/or the resident
				  representative to perform all functions and duties enumerated herein.
(b) An ombudsman seeking access to a
				  long-term care facility or resident of a long-term care facility shall:
(1) upon a staff member's request, identify
				  himself or herself;
(2) upon a
				  staff member's request, show the ombudsman identification card issued by the
				  office of the state long-term care ombudsman; and
(3) comply with the facility's procedures for
				  signing in and out of the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.10 - Procedures for ombudsman access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An ombudsman shall have access to:
(1) medical, social, and other records
				  relating to a resident, if:
(i) the resident
				  or resident representative communicates informed consent to the access and the
				  consent is given in writing or through the use of auxiliary aids and
				  services;
(ii) the resident or
				  resident representative communicates informed consent orally, visually, or
				  through the use of auxiliary aids and services, and such consent is documented
				  contemporaneously by the ombudsman in accordance with procedures of the state
				  ombudsman; and
(iii) access is
				  necessary in order to investigate a complaint, the resident representative
				  refuses to consent to the access, the ombudsman has reasonable cause to believe
				  that the resident representative is not acting in the best interests of the
				  resident, and the ombudsman obtains the approval of the state
				  ombudsman;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.11 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  otherwise provided in this part, no identifying information of any resident or
				  complainant may be disclosed, unless the resident, complainant, or the resident
				  representative communicates informed consent or the disclosure is required by
				  court order.
(b) Except as
				  otherwise provided in this part, an ombudsman may not disclose information
				  regarding a complaint to another agency in order for such agency to
				  substantiate the facts for regulatory, protective services, law enforcement, or
				  other purposes unless the goals of a resident or resident representative are
				  for regulatory, protective services or law enforcement action, and the
				  ombudsman determines that the resident or resident representative has
				  communicated informed consent. The ombudsman must assist the resident or
				  resident representative in contacting the appropriate agency and/ or disclose
				  the information for which the resident has provided consent to the appropriate
				  agency for such purposes.
(c) In
				  order to comply with the wishes of the resident, (or, in the case where the
				  resident is unable to communicate informed consent, the wishes of the resident
				  representative), the ombudsman shall not report suspected abuse, neglect or
				  exploitation of a resident when a resident or resident representative has not
				  communicated informed consent to such report except as set forth in this
				  section.
(d) For purposes of
				  paragraphs (a) through (c) of this section, communication of informed consent
				  may be made in writing, including through the use of auxiliary aids and
				  services. Alternatively, communication may be made orally or visually,
				  including through the use of auxiliary aids and services, and such consent must
				  be documented contemporaneously by the ombudsman.
(e) If a resident is unable to communicate
				  informed consent, an ombudsman may refer the matter and disclose
				  resident-identifying information to the appropriate agency or agencies for
				  regulatory oversight; protective services; access to administrative, legal, or
				  other remedies; and/or law enforcement action, if:
(1) the resident has no resident
				  representative or the ombudsman determines that the resident representative is
				  not acting in the best interest of the resident;
(2) the ombudsman has reasonable cause to
				  believe that an action, inaction or decision may adversely affect the health,
				  safety, welfare, or rights of the resident;
(3) the ombudsman has no evidence indicating
				  that the resident would not wish a referral to be made;
(4) the ombudsman has reasonable cause to
				  believe that it is in the best interest of the resident to make a referral;
				  and
(5) the ombudsman obtains the
				  approval of the state ombudsman.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter V - Combined Senior Citizen Services Center, Residential Health-care Facility And Child Day-care Center Community Grants Program › Part 6661 - Combined Intergenerational Community Grants Program › Section 6661.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  This Chapter sets forth procedures for administering, on a pilot basis, the
				  Combined Senior Citizen Services Center, Residential Health-Care Facility and
				  Child Day-Care Center Community Grants Program within New York State under
				  chapter 841 of the Laws of 1987.
(b) There is a continuing need for
				  maintaining the aged in the mainstream of society by providing services and
				  opportunities for socialization and meaningful activity. It has been the policy
				  of the State of New York to increase the level of safe, efficient and
				  high-quality child-care services. The maintenance of qualified personnel in
				  residential health-care facilities has been of concern to the State; day-care
				  centers in the workplace have served as a means for acquiring and retaining
				  personnel. Therefore, this coordinated and combined approach to these services
				  is intended to assist the State in addressing the need for such services in a
				  manner that would be cost-efficient and of social benefit to the clients they
				  serve. The purpose of this program is to promote innovative and cost-effective
				  means of providing existing or proposed senior citizen services centers or
				  residential health-care facilities and child day-care centers in a combined
				  center.
(c) In accordance with this
				  legislative purpose, the Office shall determine and take appropriate action to
				  ensure that adequate notice is given to the public concerning the availability
				  of funds for this program.
(d) This
				  Chapter shall expire and be of no further force or effect upon the expiration
				  of chapter 841 of the Laws of 1987. At the time these regulations were
				  promulgated, such chapter was scheduled to expire on December 31,
				  1990.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter V - Combined Senior Citizen Services Center, Residential Health-care Facility And Child Day-care Center Community Grants Program › Part 6661 - Combined Intergenerational Community Grants Program › Section 6661.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Chapter, the following words shall
					 have the specified meanings:
(a)
				  Office means the New York State Office for the Aging.
(b) Senior citizen services center means a
				  community facility which provides to older adults a combination of services,
				  including the provisions of health, social, educational and recreational
				  services.
(c) Child day-care center
				  means a community facility which provides care to a child aged 6 weeks to 14
				  years for a portion of the day, and less than 24 hours outside the home, in a
				  facility licensed and approved in accordance with applicable local, State and
				  Federal standards for child day care.
(d) Residential health-care facility means a
				  facility certified under article 28 of the Public Health Law.
(e) Combined center shall mean an entity
				  receiving or applying to receive funds under this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter V - Combined Senior Citizen Services Center, Residential Health-care Facility And Child Day-care Center Community Grants Program › Part 6661 - Combined Intergenerational Community Grants Program › Section 6661.3 - Applicable requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Combined centers receiving funds under this Chapter must be administered in
				  accordance with State constitutional, statutory and regulatory requirements,
				  including all applicable State and local health, fire, safety, building,
				  zoning, licensure and sanitation laws, ordinances or codes.
(b) New York State requirements applying to
				  combined centers receiving grants under this Chapter include:
(1) the labor standards set forth in sections 220 and
				  220-d  of the Labor Law;
(2) the prohibitions against discrimination
				  in employment based on race, creed, color, sex or national origin set forth in
				  section 220-e  of the Labor Law; and
(3) the nondiscrimination requirements set
				  forth in the Human Rights Law (sections 290 through
				  301  of the
				  Executive Law) and in the Civil Rights Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter V - Combined Senior Citizen Services Center, Residential Health-care Facility And Child Day-care Center Community Grants Program › Part 6661 - Combined Intergenerational Community Grants Program › Section 6661.5 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each grantee
				  receiving payments hereunder shall submit to the Office, by such time as the
				  Office shall specify and following guidelines prepared by the Office, a report
				  which shall include:
(1) the manner in which
				  grant payments were expended;
(2) a
				  description of the scope, status and quality of the project funded;
(3) the extent to which the combined center
				  reduced expenditures or realized savings;
(4) the impact and effectiveness of this
				  program in meeting the community's needs for senior citizen services,
				  residential health care and child day care and the social benefit the combined
				  center provided to the children and senior citizens in the program;
(5) the extent to which the combined center
				  coordinated services with other community services;
(6) the manner in which all available
				  reimbursement for services has been sought, and the manner in which such
				  reimbursement was expended; and
(7)
				  such other information as the Office shall require.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.1 - Records available for inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
A current list by subject matter of records available to the
				  public for inspection and copying, is being maintained at the office of the
				  commission. [FN*] The offices of the commission are located at 880 Third
				  Avenue, New York, New York 10022, telephone 212-759-3342.
[FN*] Public Officers Law, §88(4)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.2 - Time and place for inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Those records requested shall be made available at the
				  offices of the commission Monday through Friday, except legal holidays, between
				  the hours of 9:30 a.m. and 4:30 p.m. Arrangements to inspect and copy records
				  during those hours should be made in accordance with the procedures described
				  in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.3 - Procedure for inspection and copying of public records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons desiring to inspect the records
				of the commission should file an "Application for Public Access to Records"
				with the records access officer of the commission. Such application should be
				received by the records access officer no later than one business day prior to
				the time access is sought, in order that records requested may be compiled for
				the applicant. Application forms are available at the office of the
				commission.
(b) In the application,
				the applicant should try to specify as clearly as possible those records to
				which access is sought. The subject matter list maintained by the commission
				should be of aid in this regard. The applicant should also indicate in the
				application the time and date at which access is desired.
(c) The records access officer will endeavor
				to make available those records requested at the time and date specified in the
				application. Should the time and date specified be inconvenient to the
				commission, the records access officer will arrange an alternate time and date
				for inspection with the applicant. If the records sought are unavailable for
				inspection or copying because of the applicable law or for any other reason,
				the applicant will be so informed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.4 - Inspection and copying of public employment records

Current through Register Vol. 46, No. 28, July 10, 2024
Bona fide members of the news media shall be entitled to
				  inspect and to receive a certified copy of those public employment records
				  required to be made available to them by law[FN*] upon filing a written notice
				  of intention to examine public employment records, as prescribed by the
				  Comptroller, with the fiscal officer of the commission. Such notice should be
				  received by the fiscal officer at least one business day prior to the date
				  access is sought in order that the records may be compiled for the applicant.
				  Notice forms prescribed by the Comptroller are available at the offices of the
				  commission.
[FN*] Public Officers Law, §88(1) (g)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.5 - Copies and fees

Current through Register Vol. 46, No. 28, July 10, 2024
Persons who seek to inspect the records of the commission may
				  request that copies of those records be made. The records access officer shall
				  try to provide such copies at the time requested, if possible. The fee for such
				  copies is 25 cents per page for records up to 8 1/2 by 14 inches in size, and
				  one dollar per page for documents in excess of that size. Payment may be made
				  by cash to the extent of five dollars, or check or money order made payable to
				  "Commissioner of Taxation and Finance".
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.6 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that a particular record cannot be made
				  available to the applicant, he is given a statutory right to appeal to the
				  chairman of the commission or to an authorized representative. [FN[DAGGER]]
				  Should the chairman or representative sustain the denial of the records
				  requested by the applicant, the applicant will be notified, in writing, within
				  seven business days of receipt of the appeal, the reasons therefor. The
				  chairman of the commission is Hon. Otto Kinzel, who may be contacted at the
				  offices of the commission.
[FN[DAGGER]] Public Officers Law,
				  §88(8)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.7 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer is responsible for making
				  available to the public those records requested in compliance with the law and
				  procedure described above. All inquiries regarding public access to the
				  commission's records should be directed to the records access officer at the
				  offices of the commission. The records access officer is Mrs. Astrid
				  DeFarkas.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Z - Permanent Commission on Public Employee Pension and Retirement Systems › Part 6700 - Public Access To Records › Section 6700.8 - Fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
All inquiries regarding the access of bona fide members of
				  the news media to the commission's public employment records, in accordance
				  with the provisions of section 88(1)(g) should be directed to the fiscal
				  officer at the offices of the commission. The fiscal officer is Mrs. Carolyn
				  Marino.