New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 488 - Adult Care Facilities Standards For Enriched Housing › Section 488.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
An
		    enriched housing program
means an adult care facility established and
		    operated for the purpose of providing long-term residential care to five or
		    more adults, primarily persons 65 years of age or older, in
		    community-integrated settings resembling independent housing units. Such
		    programs must provide or arrange for the provision of room, and provide board,
		    housekeeping, personal care and supervision.
(b) For the purposes of this Part an enriched
		    housing program will be considered to be serving persons primarily 65 years of
		    age or older if no more than 25 percent of the residents are under 65 years of
		    age and each resident is at least 55 years of age.
(c) The following additional definitions
		    shall apply to facilities subject to the Justice Center as defined in paragraph
		    (11) of this subdivision:
(1)
Abuse
shall mean inappropriate physical contact with a
		    resident of an adult care facility while the resident is under the supervision
		    of the facility, which harms or is likely to harm the resident. Inappropriate
		    physical contact includes, but is not limited to, striking, pinching, kicking,
		    shoving, bumping and sexual molestation.
Abuse
shall, in
		    addition, include
inappropriate use of restraints
as defined
		    in this Part, and those actions incorporated within the definitions of
physical abuse,
sexual abuse,
psychological abuse,
deliberate inappropriate use of
		    restraints,
use of aversive conditioning,
obstruction of reports of reportable incidents,
and
unlawful use or administration of a controlled substance
all
		    as defined in section 488  of the Social Services Law. However, for
		    purposes of reporting, psychological abuse need not be supported by a clinical
		    assessment in order to be reported, so long as there is reasonable basis to
		    believe that such abuse has occurred.
(2)
Mistreatment
shall mean
		    confinement, isolation, intimidation, abandonment or use of physical restraints
		    on a resident of an adult care facility while the resident is under the
		    supervision of staff.
Mistreatment
shall, in addition, include
		    those actions incorporated within the definition of
neglect
set forth in section 488  of the Social Services Law.
(3)
Neglect
shall mean the
		    failure to provide timely, consistent, safe, adequate and appropriate services,
		    treatment and/or care to a resident of an adult care facility while the
		    resident is under the supervision of the facility, including but not limited
		    to: personal care, nutrition, medication, therapies, sanitary clothing and
		    surroundings, and activities of daily living.
Neglect
shall,
		    in addition, include those actions incorporated within the definition of
neglect
set forth in section 488  of the Social Services Law.
(4)
Misappropriation of
		    property
shall mean the theft, unauthorized use or removal,
		    embezzlement or intentional destruction of the resident's personal property,
		    including but not limited to money, clothing, furniture, appliances, jewelry,
		    works of art and such other possessions and articles belonging to the resident,
		    regardless of monetary value.
(5)
Reasonable cause
shall mean that, upon review of the
		    circumstances, there is sufficient evidence for a person to believe that
		    physical abuse, mistreatment, neglect or misappropriation of resident property
		    has occurred.
(6)
Reportable incident
shall include abuse, mistreatment,
		    neglect, misappropriation of property, and significant incident as defined in
		    this Part.
(7)
Justice
		    Center
shall mean the Justice Center for the Protection of People with
		    Special Needs, as established pursuant to chapter 501 of the Laws of
		    2012.
(8)
Significant
		    incident
shall mean an incident, other than an incident of abuse or
		    neglect, that because of its severity or the sensitivity of the situation may
		    result in, or has the reasonably foreseeable potential to result in, harm to
		    the health, safety or welfare of a person receiving services and shall include
		    but shall not be limited to:
(i) conduct
		    between persons receiving services, or between such persons and third parties
		    other than a custodian, that would constitute abuse if committed by a
		    custodian; or
(ii) conduct on the
		    part of a custodian, which is inconsistent with a service recipient's
		    individual treatment plan or individualized educational program, generally
		    accepted treatment practices and/or applicable Federal or State laws,
		    regulations or policies and which impairs or creates a reasonably foreseeable
		    potential to impair the health, safety or welfare of a person receiving
		    services, including but not limited to:
(a)
unauthorized seclusion,
which shall mean the placement of a
		    person receiving services in a room or area from which he or she cannot, or
		    perceives that he or she cannot, leave at will;
(b)
unauthorized use of
		    time-out,
which shall mean the use of a procedure in which a person
		    receiving services is removed from regular programming and isolated in a room
		    or area for the convenience of a custodian, or as a substitute for programming
		    but shall not include the use of a time-out as an emergency intervention to
		    protect the health or safety of the individual or other persons;
(c) except as provided for in paragraph (13)
		    of this subdivision, the administration of a prescribed or over-the-counter
		    medication, which is inconsistent with a prescription or order issued for a
		    service recipient by a licensed, qualified health care practitioner, and which
		    has an adverse effect on a service recipient. For purposes of this paragraph,
adverse effect
shall mean the unanticipated and undesirable
		    side effect from the administration of a particular medication which
		    unfavorably affects the well-being of a service recipient;
(d)
inappropriate use of
		    restraints,
which shall mean any use of a restraint; or
(iii) any other conduct identified
		    in regulations of the State oversight agency, pursuant to guidelines or
		    standards established by the executive director.
(9)
Custodian
means a
		    director, operator, employee or volunteer of a facility or provider agency as
		    defined in section 488 (4)  of the Social
		    Services Law; or a consultant or an employee or volunteer of a corporation,
		    partnership, organization or governmental entity which provides goods or
		    services to a facility or provider agency pursuant to contract or other
		    arrangement that permits such person to have regular and substantial contact
		    with individuals who are cared for by the facility or provider
		    agency.
(10)
Department
shall mean the New York State Department of
		    Health.
(11)
Facility
		    subject to the Justice Center
shall mean enriched housing programs
		    having a capacity of 80 or more beds, and in which at least 25 percent of the
		    residents are persons with serious mental illness as defined by section 1.03 (52)  of the Mental
		    Hygiene Law, but not including an enriched housing program which is authorized
		    to operate 55 percent or more of its total licensed capacity of beds as
		    assisted living program beds.
(12)
Psychological abuse
shall mean any verbal or nonverbal conduct
		    that is intended to cause a patient emotional distress.
(i) Examples include, but are not limited to,
		    teasing, taunting, name calling, threats, display of a weapon or other object
		    that could reasonably be perceived by the patient as a means of infliction of
		    pain or injury, insulting or coarse language or gestures directed toward a
		    patient which subjects the patient to humiliation or degradation, violation of
		    patient rights or misuse of authority.
(ii) In order for a case of psychological
		    abuse to be substantiated after it has been reported to the Justice Center, the
		    conduct must intentionally or recklessly cause, or be likely to cause, a
		    substantial diminution of a patient's emotional, social or behavioral
		    development or condition, supported by a clinical assessment performed by a
		    physician, psychologist, psychiatric nurse practitioner, licensed clinical or
		    master social worker or licensed mental health counselor. Psychological abuse
		    must be reported to the Justice Center, and will be considered to constitute a
		    reportable incident, whenever there are reasonable grounds to believe it has
		    occurred, even if it has not yet been supported by a clinical
		    assessment.
(13)
Unlawful use or administration of a controlled substance
shall
		    mean any administration by a custodian to a service recipient of: a controlled
		    substance as defined by article 33 of the Public Health Law, without a
		    prescription; or other medication not approved for any use by the Federal Food
		    and Drug Administration. It also shall include a custodian unlawfully using or
		    distributing a controlled substance as defined by article 33 of the Public
		    Health Law, at the workplace or while on duty, and administration inconsistent
		    with the requirements of section
		    487.7  of this
		    Part.