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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 491 - Shelters For Adults › Section 491.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
office
shall mean the New York State Office of Temporary and
		    Disability Assistance.
(b) A
shelter for adults
is defined as an adult care facility
		    established and operated for the purpose of providing temporary residential
		    care, room, board, supervision, information and referral, and, where required
		    by the office or otherwise deemed necessary by the operator, social
		    rehabilitation services for adults in need of temporary accommodations,
		    supervision and services. This definition shall not include facilities
		    providing such temporary residential service to fewer than 20 persons, unless
		    such facility is operated by a social services district.
CERTIFICATES OF INCORPORATION
(1) Any proposed or existing not-for-profit
		    corporation desiring to file or amend a certificate of incorporation for the
		    purpose of establishing and operating a shelter for adults, or for the purpose
		    of fundraising for the eventual establishment and operation of a shelter for
		    adults, prior to the endorsement of such certificate by a justice of the
		    Supreme Court of the State of New York and filing with the Secretary of State,
		    shall secure the written approval of the office.
(2) Each certificate of incorporation or
		    amended certificate of incorporation submitted to the office for approval where
		    a corporation desiring to establish and operate a shelter for adults, or raise
		    funds for the eventual establishment and operation of a shelter for adults,
		    shall indicate that at least one purpose of the proposed or existing
		    not-for-profit corporation is:
To operate a shelter for adults as defined in section 2 of
			 the New York Social Services Law for the purpose of providing temporary
			 residential care, room, board, supervision, information and referral, and where
			 required by the New York State Office of Temporary and Disability Assistance or
			 otherwise deemed necessary, social rehabilitation services for adults in need
			 of temporary accommodations, supervision and services; provided, however, that
			 the Corporation shall not establish or operate such shelter for adults without
			 the prior written approval of the New York State Office of Temporary and
			 Disability Assistance.
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 491 - Shelters For Adults › Section 491.4 - Operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
		    approval of an operational plan for a shelter for adults, a small-capacity
		    shelter or a shelter for adult families, the office will issue an operating
		    certificate to the operator of the facility. A social services district will
		    not be reimbursed for costs incurred for shelter and services provided by any
		    shelter for adults, small-capacity shelter, or shelter for adult families where
		    the operator of such facility does not have a valid operating certificate, and
		    no shelter for adults, small-capacity shelter, or shelter for adult families
		    for which a social services district seeks reimbursement under this Part may
		    continue to operate without a valid operating certificate.
(b) The operating certificate will remain
		    valid for so long as the operational plan approved by the office pursuant to
		    section
		    491.3  of this
		    Part remains in effect, or for a maximum of five years.
(c) The office may in its discretion issue a
		    temporary or provisional operating certificate to the operator of a shelter for
		    adults, a small-capacity shelter, or a shelter for adult families:
(1) where the facility's operational plan has
		    been approved, the facility can be operated substantially but not fully in
		    accordance with the operational plan, and the facility will be operated in full
		    compliance with the operational plan within a reasonable time; or
(2) for other good cause.
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 491 - Shelters For Adults › Section 491.5 - Voluntary closure and surrender of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
		    that an operator elects to close a shelter for adults, a small-capacity shelter
		    or a shelter for adult families:
(1) The
		    operator shall notify both the social services district and the office in
		    writing as soon as possible, but no less than 90 days prior to the anticipated
		    date of closure.
(2) At least 45
		    days prior to the anticipated date of closure, the social services district
		    shall submit to the office for approval a plan for closure that shall include a
		    timetable for the closure and describe the procedures and actions the operator
		    and/or the social services district will take to:
(i) notify residents of the
		    closure;
(ii) assess the needs and
		    preferences of residents;
(iii)
		    assist residents in locating and transferring to appropriate alternative
		    settings; and
(iv) maintain
		    compliance with these regulations until all residents have relocated.
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 491 - Shelters For Adults › Section 491.6 - Compliance with State and local laws, regulations, and codes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Shelters for adults, small-capacity
		    shelters and shelters for adult families for which a social services district
		    seeks reimbursement must be operated in accordance with State and local laws,
		    regulations, and codes relating to:
(1)
		    building and construction of physical plants;
(2) fire prevention and fire
		    protection;
(3) plumbing and water
		    supply;
(4) heating and electrical
		    systems;
(5) kitchens and food
		    preparation facilities, where applicable;
(6) sanitation and maintenance; and
(7) health and safety.
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 491 - Shelters For Adults › Section 491.7 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		    operator of a shelter for adults, small-capacity shelter or a shelter for adult
		    families shall afford any officers or duly authorized employees or agents of
		    the social services district or the office full access at any time to the
		    residents, grounds, buildings and during facility business hours, to books and
		    papers relating to said facility.
(b) The operator of a shelter for adults, a
		    small-capacity shelter or a shelter for adult families shall provide, through
		    its employees and agents, an organized, 24-hour-a-day program of supervision
		    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 491 - Shelters For Adults › Section 491.8 - Shelter staff and staff qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator of a shelter for adults,
		    small-capacity shelter or a shelter for adult families shall provide staff
		    sufficient in number and qualified by training and experience to render those
		    services mandated by statute or regulation. The office will monitor the
		    staffing of facilities to ensure comparability of staffing patterns and staff
		    salaries in relation to the service needs of the residents.
(b) The operator shall develop and maintain
		    written personnel policies and procedures.
(c) A current, written staffing schedule
		    shall be maintained.
(d) The
		    operator shall maintain personnel records which are current, contain sufficient
		    information to support placement in any position required by these regulations
		    and record all wages, benefits, reimbursements, bonuses, gifts or payments
		    given any employee or resident.
(e)
Facility administrator.
The operator shall designate an administrator who shall be
			 directly accountable to the operator for operating and maintaining the facility
			 in compliance with this Part, the operational plan approved by the office, and
			 all applicable statutes, regulations, codes, and ordinances. A facility
			 operator may designate himself or herself as the facility administrator.
(1) The facility administrator shall be at
		    least 21 years of age, be mentally and physically capable of carrying out the
		    duties of an administrator, and shall be responsible for the following
		    oversight activities:
(i) general supervision
		    of the facility;
(ii) recruitment
		    and general supervision of staff and volunteers;
(iii) general supervision of resident
		    services;
(iv) admission, transfer
		    and discharge of residents;
(v)
		    coordination with community activities and services;
(vi) protection of residents' rights and
		    development of appropriate mechanisms for their protection; and
(vii) management of related program
		    activities.
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 491 - Shelters For Adults › Section 491.10 - Excess capacity admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		    operator shall not admit or retain a number of persons in excess of the
		    capacity specified in the operational plan approved by the office.
(b) Notwithstanding subdivision (a) of this
		    section, a social services district may authorize an operator to provide
		    short-term emergency shelter to a number of persons in excess of the capacity
		    specified in the operational plan approved by the office. When the operational
		    plan is approved, or at the request of a currently certified facility, the
		    office shall establish a limit on the number of persons that may be admitted to
		    a given shelter in emergency situations. This emergency capacity shall be
		    predicated on the physical layout of the facility and the conditions set forth
		    in subdivision (c) of this section.
(c) A social services district may authorize
		    an operator to provide shelter to a number of persons in excess of the
		    specified capacity if the following conditions are met:
(1) snow emergencies or inclement winter
		    weather as defined in section
		    304.1 
		    of this Title, or other circumstances creating an emergency need for additional
		    shelter space;
(2) the operator is
		    able to meet the food and shelter needs of all persons in residence;
(3) the operator assigns staff sufficient to
		    meet census-based staffing requirements set forth in this Part;
(4) the facility remains in compliance with
		    applicable local building, fire protection, health and sanitation codes;
		    and
(5) the number of persons
		    admitted to a given shelter does not exceed the authorized emergency
		    limit.
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 491 - Shelters For Adults › Section 491.11 - Facility charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the
		    extent that a resident of a shelter for adults, small-capacity shelter or
		    shelter for adult families has income, unless otherwise provided by law the
		    resident must pay for the actual costs of their care, pursuant to the budgeting
		    requirements set forth in Part 352 of this Title. For recipients of Safety Net
		    Assistance, Veteran Assistance, or Emergency Assistance for Adults, SSI or
		    additional State payments, public assistance budgeting rules set forth in Part
		    352 of this Title must be used in determining the amount of available income to
		    be applied toward the costs of care.
(b) Any amounts which are not permitted to be
		    counted as income under the assistance program applicable to the resident shall
		    not be counted as income for purposes of this section.
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 491 - Shelters For Adults › Section 491.13 - Resident funds and valuables

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		    operator of a shelter for adults, a small-capacity shelter, or a shelter for
		    adult families who receives any funds or property from a resident or who acts
		    in any way as a financial agent for a resident, either formally or informally,
		    shall issue a signed receipt to the resident noting the date, amount or
		    description of property and the nature of the transaction. Records of all
		    transactions must be maintained as part of the operator's permanent
		    records.
(b)
Resident fund
		    accounts.
(1) The operator may offer a
		    resident an opportunity to place personal funds in a facility-maintained
		    account.
(2) The operator shall not
		    require a resident to maintain a personal fund account at the
		    facility.
(3) The operator shall
		    provide for the safekeeping and accountability of resident funds.
(4) The operator shall hold resident funds in
		    trust for the sole use of the resident and shall not use these funds for any
		    other purpose.
(5) Resident funds
		    shall not be commingled with the personal funds of the operator or the
		    operating funds of the facility or become an asset of the operator.
(6) The resident may terminate the personal
		    fund account at any time.
(7) No
		    service fee shall be charged by the operator for maintaining a fund account for
		    a resident.
(8) A system of
		    recordkeeping for resident personal funds shall be described in the operational
		    plan submitted for office approval.
(9) Upon change of ownership, the current
		    operator shall transfer all records and provide the new operator with a written
		    statement of all resident personal fund accounts. This statement shall verify
		    that the balance being transferred in each resident fund account is true and
		    accurate as of the date of transfer and shall be confirmed by resident
		    signatures.
(10) At change of
		    ownership, the new owner shall assume, in writing, responsibility for account
		    balances turned over at the change of ownership together with responsibility
		    for all requirements of this section.
(11) Each resident shall have the
		    opportunity, during business hours, to examine his/her personal fund account
		    records upon request made at least one business day in advance.
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 491 - Shelters For Adults › Section 491.14 - Resident services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator of a shelter for adults, a small-capacity shelter, or a shelter for
		    adult families shall be responsible for the development and provision of
		    resident services that shall include, at a minimum, room, board, health
		    services, social rehabilitation services, supervision, and information and
		    referral.
(b) The operator shall
		    establish procedures and assign staff sufficient to carry out the activities
		    required in this section.
(c) The
		    office may impose additional staffing and program requirements based on such
		    factors as resident need and the size, physical layout and location of the
		    facility.
(d)
Health
		    services.
(1) Facilities must have an
		    established relationship with a fully accredited medical institution or clinic
		    for the referral of residents for emergency treatment. Facilities must assist
		    residents to access medical services for treatment for injury, illness or
		    disease, or to obtain preventative care.
(2) Facilities must provide residents with a
		    means to safely store and secure prescription medications. The operator of a
		    facility may offer a resident the opportunity to store prescription medications
		    in the operator's custody for safe keeping.
(3) Residents with a generalized systemic
		    communicable disease, or a readily communicable local infection that cannot be
		    properly isolated and quarantined in the facility must be transferred to an
		    appropriate medical facility or to another shelter facility that has the
		    capability to accommodate such a condition.
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 491 - Shelters For Adults › Section 491.16 - Serious incidents and incident reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event of the serious injury or
		    death of a resident, the operator shall:
(1)
		    immediately obtain necessary assistance and services;
(2) notify the resident's representative, or
		    next of kin, if known and if the resident's consent has been provided;
		    and
(3) notify the appropriate
		    local authorities.
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 491 - Shelters For Adults › Section 491.17 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    of a shelter for adults, a small-capacity shelter, or a shelter for adult
		    families shall make provision to ensure that residents can conveniently obtain
		    meals which are balanced, nutritious and adequate in amount and content to meet
		    their dietary needs.
(b) Meal
		    service may be provided at the facility, or outside the facility, whether
		    directly or through contractual arrangements, or in restaurants through the use
		    of restaurant allowances or voucher arrangements.
(c) At a minimum, residents of shelters for
		    adults, small-capacity shelters, or shelters for adult families shall be
		    provided with the opportunity to obtain breakfast and evening meals at
		    regularly scheduled times, and no more than 15 hours shall elapse between the
		    times at which the evening meal and breakfast the next morning shall be made
		    available.
(d)
On-site meal
		    preparation.
(1) In shelters that
		    prepare meals for residents, food-buying and menu-planning arrangements must be
		    overseen by a staff member, consulting dietician, or volunteer sufficiently
		    knowledgeable in nutrition and dietetics to ensure the planning of
		    well-balanced meals and the purchase, storage and preparation of good quality
		    food.
(2) Menus shall be planned at
		    least 10 days in advance.
(3) Menus
		    must be maintained for at least two weeks and shall be available for office
		    review.
(4) Shelters that prepare
		    meals for residents shall have kitchens or food preparation and service
		    facilities.
(5) Food preparation,
		    service and storage methods shall protect against contamination and
		    spoilage.
(6) All kitchens or food
		    preparation areas shall be adequately lighted, ventilated, and provided with
		    essential and proper equipment for food storage, refrigeration, freezing,
		    preparation and serving, for the number of residents to be served.
(7) The food service area shall be provided
		    with sufficient and suitable space and equipment to maintain efficient and
		    sanitary operation of all required functions.
(8) All kitchen equipment and surroundings
		    shall be kept clean, and garbage and trash shall be kept in suitably covered
		    containers and removed regularly.
(9) The operator of every shelter for adults,
		    small-capacity shelter, or shelter for adult families shall comply with
		    applicable county or local health and fire regulations, codes and
		    ordinances.
(10) The operator of
		    any facility with 40 or more residents shall comply with the New York State
		    Sanitary Code (10 NYCRR, Part 14).
(11) In the event that a facility has been
		    inspected by the State or local health authorities, a record of such inspection
		    shall be kept on file at the facility for review by the office.
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 491 - Shelters For Adults › Section 491.18 - Environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    of a shelter for adults, a small-capacity shelter or a shelter for adult
		    families must maintain the facility in a good state of repair and sanitation
		    and in conformance with applicable State and local laws, regulations, and
		    codes. Shelters for adults, small-capacity shelters and shelters for adult
		    families must comply with all applicable state and local codes including fire
		    prevention, building and safety codes.
(1)
		    All areas of the facility, including exits that are accessible to residents,
		    must be well-lighted, and clear of trash, clutter and obstructions.
(2) All bathrooms, sleeping areas,
		    recreational areas, hallways, and other living areas must be kept clean,
		    sanitary, and free of insects, rodents and trash. Procedures must be
		    established and implemented for the cleaning and maintenance of the entire
		    facility.
(3) All garbage and
		    refuse containers must be securely covered and emptied on a regular daily
		    basis.
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 491 - Shelters For Adults › Section 491.19 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Operators of
		    shelters for adults, small-capacity shelters and shelters for adult families
		    shall collect and maintain such information, records or reports as determined
		    by the office to be necessary.
(b)
		    Operators of shelters for adults, small-capacity shelters and shelters for
		    adult families shall supply and provide access to such information and records
		    in such form and at such times as the office shall determine.
(c) No substitute for office forms may be
		    made without prior written approval of the office.
(d) The office may request from any other
		    State or local agency including, but not limited to, the office of Children and
		    Family Services, the office of Mental Health, and the Department of Health, and
		    such other State or local agency shall furnish, such information as the office
		    may require for the proper performance of its duties.
(e) Other State offices or agencies may
		    request such information as that office or agency may require for the proper
		    discharge of its duties. Such offices and agencies shall safeguard the
		    confidentiality of such information, records and reports in the same manner as
		    the office.
(f)
Confidentiality.
(1) Officers or
		    employees of the office shall maintain the confidentiality of facts and
		    information obtained as the result of any inspection or investigation of a
		    facility.
(2) Operators must
		    maintain the confidentiality of facts and information obtained and retained as
		    part of individual resident records. No facts and information retained as part
		    of individual resident records may be released to anyone other than the
		    resident, the next of kin or authorized representatives of the resident, or an
		    employee or designee of the office without the written permission of the
		    resident, provided that confidential HIV-related information concerning
		    residents must be maintained in accordance with section 491.20  of this
		    Part.
(3) Operators must maintain
		    confidential HIV-related information concerning employees, volunteers,
		    applicants for employment and prospective residents in accordance with section
		    491.20  of this Part.
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 491 - Shelters For Adults › Section 491.20 - Confidentiality of HIV- and AIDS-related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operator
		    or employee of a shelter for adults, small-capacity shelter or shelter for
		    adult families must not require that an applicant for employment, volunteer,
		    prospective resident, resident or employee be tested for HIV.
(b) An operator or employee of a shelter for
		    adults, small-capacity shelter or shelter for adult families must not require
		    an applicant for employment, volunteer, prospective resident, resident or
		    employee to disclose confidential HIV-related information.
(c) Confidential HIV-related information
		    means any information, in the possession of a person who provides one or more
		    health or social services or who obtains the information pursuant to a release
		    of confidential HIV-related information, concerning whether an individual has
		    been the subject of an HIV-related test, or has HIV infection, HIV-related
		    illness or AIDS, or information which identifies or reasonably could identify
		    an individual as having one or more of such conditions, including information
		    pertaining to such individual's contacts. The terms HIV-related test, HIV
		    infection, HIV-related illness and AIDS are defined in section
		    360-8.1 
		    of this Title.
(d) The HIV status
		    of an applicant for employment, prospective resident, resident, volunteer or
		    employee cannot be used as the sole basis to deny admission, retention or
		    employability.
(e) Confidential
		    HIV-related information may be disclosed by an operator, employee or volunteer
		    only in accordance with the procedures set forth in this section and only as
		    necessary to provide appropriate services to a resident.
(f)
(1) The
		    operator of a shelter for adults, small-capacity shelters or shelter for adult
		    families must maintain the confidentiality of individual resident records, and
		    not release information in a resident record to anyone other than the resident,
		    next of kin or authorized representative of the resident, an employee or
		    designee of the office or employees of the facility providing social services
		    without the resident's written permission, provided that confidential
		    HIV-related information concerning residents must be maintained in accordance
		    with this section.
(2) The operator
		    of a shelter for adults, small-capacity shelter or shelter for adult families
		    must maintain confidential HIV-related information concerning employees,
		    volunteers, applicants for employment and prospective residents in accordance
		    with this section.
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 491 - Shelters For Adults › Section 491.21 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
		    that an operator of a shelter for adults, a small-capacity shelter, or a
		    shelter for adult families 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 491 - Shelters For Adults › Section 491.23 - Investigations, immediate emergency measures and enforcement powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Investigations.
(1) The office
		    may undertake an investigation of the affairs and management of any shelter for
		    adults, small-capacity shelter, or shelters for adult families, or of any
		    person, corporation, society, association or organization that operates or
		    holds itself out as being authorized to operate any such facility, or of the
		    conduct of any officers or employers of any such facility. The office is
		    empowered to issue compulsory process for the attendance of witnesses and the
		    production of papers, to administer oaths and to examine persons under oath,
		    and to exercise the same powers in respect to the conduct of such an
		    investigation as belong to referees appointed by the Supreme Court.
(2) If it shall appear after such
		    investigation that the residents of the facility are cruelly, negligently or
		    improperly treated, or that inadequate provision is made for their sustenance,
		    clothing, care, supervision or other condition necessary for their comfort and
		    well-being, the office, may issue an order in the name of the people, and under
		    the official seal of the State, directing the appropriate officers or managers
		    of such facility to modify such treatment or provide such other remedy as may
		    be specified therein. Before any such order is issued, it must be approved by a
		    Justice of the Supreme Court, after such notice as he may prescribe and after
		    an opportunity to be heard, and any person to whom such an order is directed
		    who shall intentionally fail or refuse to obey its terms shall be guilty of a
		    misdemeanor.
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 491 - Shelters For Adults › Section 491.26 - Civil penalties

Current through Register Vol. 46, No. 28, July 10, 2024
The office may assess civil penalties of $1,000 per day
			 against the operators of shelters for adults, small-capacity shelters, and
			 shelters for adult families for violations of these regulations or of an order
			 issued pursuant to subdivision 8 of section 460-d  of the Social Services Law or
			 section 491.22(f)  of this Part, where it establishes at a hearing held pursuant
			 to Part 493 of this Title that the violations endangered residents or have
			 resulted in harm to a resident. Civil penalties shall be calculated from either
			 the date that a notice of violation is issued to the operator by the office, or
			 the date on which the violation occurs, if earlier, and shall cease to run on
			 the date that correction is made subject to verification by the office.
			 Violations that endanger residents may include, without limitation:
(a) the substantial failure of the facility's
		    fire protection or prevention systems required by section 491.18(b)(1)  of this
		    Part. Substantial failure will have occurred if more than half of the
		    individual smoke and carbon monoxide detectors or fire sensors or alarm units
		    are inoperative;
(b) the failure to
		    maintain 2 means of egress from each floor of a facility on which 11 or more
		    residents are housed, as required by section 491.18(b)(5)-(6)  of this
		    Part;
(c) the failure of a
		    substantial number of the facility's fire extinguishers to comply with section
		    491.18(b)(7)  of this Part;
(d) the
		    failure to implement appropriate measures to control access to the shelter,
		    including but not limited to admittance procedures for persons entering the
		    facility and the installation and use of safety locks on exit and entry doors
		    or other suitable security devices;
(e) the failure to monitor or conduct
		    surveillance of the grounds, facility and activities of the
		    residents;
(f) the failure to
		    remediate apparent structural defects or deficiencies in building components
		    such as foundations, walls, roofs, stairs, ceilings, floors, floor coverings,
		    doors, and windows that render the facility unsafe or unfit for human
		    habitation; and
(g) the failure to
		    remediate known defects in utility and building systems such as electric,
		    water, gas, heat, ventilation, plumbing, sewage that render the facility unsafe
		    or unfit for human habitation.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
		    establishes requirements for the operation of day programs for nonresidents of
		    adult homes, residences for adults and enriched housing programs.
(b) Parts 485, 486, 487, 488 and 490 of this
		    Title apply to this Part except as specifically limited. For the purposes of
		    this Part all applicable references to "resident" in Parts 485, 486, 487, 488
		    and 490 include residents and participants in day programs.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
			 apply:
(a) Day program means an
		    organized program for nonresidents of adult homes, residences for adults and
		    enriched housing programs which include personal care, supervision and such
		    other services which the operator is authorized to provide to residents of such
		    facilities, but which are provided for less than 24 hours during any period of
		    the day or night.
(b) Caregiver
		    means an adult who regularly provides services similar to those provided to
		    participants by the day services for nonresidents program.
(c) Personal care services and supervision
		    servicesinclude those services that the operator is required to provide to the
		    residents of the adult home, residence for adults or enriched housing
		    program.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.3 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No day
		    program for nonresidents of adult homes, residence for adults or enriched
		    housing programs can be operated without prior written approval of the
		    department.
(b) When the department
		    approves an application it will issue a letter of authorization to the operator
		    of an adult home, residence for adults or enriched housing program to provide
		    services to nonresidents of such facilities. The letter of authorization will
		    specifically refer to the ability of the operator to provide day program
		    services to nonresidents of such facilities. Such authorization is subject to
		    periodic review.
(c) When overnight
		    care is provided to nonresidents of adult homes, residences for adults or
		    enriched housing programs, the capacity of such facilities cannot exceed the
		    capacity authorized for such facilities.
(d) At the time of application to operate a
		    day program for nonresidents, the operator must submit to the department a
		    written description of the proposed 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
		    participants to be served during the day, evening and night;
(5) a description of how the participants'
		    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) the program's financial policies and
		    procedures;
(9) the program's
		    budget;
(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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.4 - Program administration and staffing

Current through Register Vol. 46, No. 28, July 10, 2024
The operator of the adult home, residence for adults or
			 enriched housing program:
(a) is
		    responsible for the overall operation of the program;
(b) is responsible for compliance with all
		    applicable provisions of this Part;
(c) must designate a program director who
		    will:
(1) coordinate the services provided to
		    recipients of day program services with the services provided to the residents
		    of the adult home, residence for adults and enriched housing program;
		    and
(2) be responsible to the
		    operator for the management and administration of the services provided to
		    nonresidents of adult homes, residences for adults or enriched housing
		    programs. Such responsibilities include, but are not limited to:
(i) assigning and supervising activities for
		    all personnel, including volunteers, to assure that participants in the day
		    program receive assistance in accordance with their needs;
(ii) being responsible for the admission and
		    discharge of participants;
(iii)
		    being responsible for the development of individual service plans;
(iv) being responsible for activity
		    programming; and
(v) being
		    responsible for the coordination of transportation services.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.5 - Admission and discharge policies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator must admit to the program
		    only those persons 18 years of age and older who are not residents of an adult
		    home, residence for adults or enriched housing program who, by reason of
		    social, physical and/or mental dependencies require the services provided by a
		    nonresident services program in order to remain in or return to the
		    community.
(b) The operator must
		    give admission priority to persons who:
(1)
		    require supervision in order to live in the community; or
(2) need assistance with activities of daily
		    living in order to remain in the community; or
(3) are socially isolated or disoriented and
		    need opportunities for social interaction to prevent deterioration that would
		    lead to placement in congregate facilities; or
(4) are in transition from a higher level of
		    care; or
(5) are in danger of being
		    neglected or abused by a caregiver or have needs which the caregiver is unable
		    to meet; or
(6) are receiving
		    services as part of a protective services for adults program.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.6 - Program planning and implementation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator must assure that each
		    participant in a nonresident services program has an individualized written
		    plan for services prepared by the program director.
(b) In developing the plan, the program
		    director must involve the participant, caregiver, other professionals and the
		    local department of social services, as appropriate. The service plan must
		    describe:
(1) the needs of the
		    participant;
(2) the service goals
		    for the participant while in the nonresident services program and the manner in
		    which they will integrate with other care being rendered by other service
		    providers;
(3) the services to be
		    provided;
(4) the name of the staff
		    member responsible for implementing the service plan; and
(5) the time limit for the plan, with
		    provision for review and renewal.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.7 - Nutrition services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A meal
		    must be provided to each participant in attendance at the program during the
		    time meals are served in the facility. The meal must provide at least one third
		    of an adult's daily nutritional requirement as recommended by the U.S.
		    Department of Agriculture.
(b) A
		    nutritious mid-morning, mid-afternoon, and evening snack must be offered daily
		    to each participant in attendance.
(c) A modified diet must be provided for a
		    participant, if prescribed in writing by a physician, and if such diets are
		    regularly available to residents of the facility.
(d) If the operator does not provide or
		    cannot arrange for the provision of a modified diet to a participant who needs
		    such a diet, the participant cannot be accepted or retained in the
		    program.
(e) Space permitting,
		    participants and residents must dine together.
(f) Nutrition education must be provided to
		    participants in need of such instruction, as determined by the individual
		    service plans.
(g) The operator
		    must assure that the quality and quantity of food provided to participants
		    complies with the provisions of sections
		    487.8 and
		    488.7  of this
		    Title.
(h) Food service records for
		    the nonresident program must be maintained in accordance with sections
		    487.8 and
		    488.8  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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.8 - Support services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Participants must be observed throughout the time spent in the nonresident
		    services program for symptoms of illness or injury.
(b) The operator must make advance
		    arrangements for the care of participants who become ill or are injured while
		    receiving nonresident services. Such arrangements must include:
(1) immediate notification of the
		    participant's caregiver or representative;
(2) provision for emergency medical care or
		    first aid; and
(3) notification of
		    the participant's physician.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.9 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator must maintain records for each participant in the nonresident services
		    program which contain a copy of:
(1) the
		    written agreement;
(2) a medical
		    evaluation and semiannual update;
(3) a preadmission interview;
(4) a written plan for services;
		    and
(5) such other information
		    relating to the physical, mental and social status of the
		    participant.
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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents › Section 492.12 to 492.28 - 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 D - Adult-Care Facilities › Part 493 - Hearing Procedure: Residential Care Programs For Adults › Section 493.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner.
		    Commissioner means the New York State Commissioner of Social Services or the
		    commissioner's designee.
(b)
		    Commissioner's designee. Commissioner's designee means an attorney employed by
		    the department who is authorized by the commissioner to issue hearing
		    decisions.
(c) Department.
		    Department means the New York State Department of Social Services.
(d) Hearing. Hearing means a formal procedure
		    by which the department:
(1) determines to
		    assess a civil penalty against the operator of a facility for failing to
		    operate a facility in compliance with this Title, as authorized by section 460-d (7)  of the Social
		    Services Law;
(2) determines to
		    assess a civil penalty against the operator of a facility who does not possess
		    a valid operating certificate and reviews an order sent to such operator to
		    close the facility, as authorized by section 460-d (9)  of the Social
		    Services Law;
(3) reviews the
		    denial of an application for, or for renewal of, an operating certificate, as
		    authorized by section
		    493.2(c) 
		    of this Part;
(4) determines to
		    revoke, suspend or limit an operating certificate, as authorized by section 460-d (4)(b)  of the Social
		    Services Law; or
(5) determines to
		    modify an operating certificate, as authorized by section 461-b (7)  of the Social
		    Services Law.