New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.4 - Admission standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		    operator shall admit, retain and care for only those individuals who do not
		    require services beyond those the operator is permitted by law and regulation
		    to provide.
(b) An operator shall
		    not exclude an individual on the basis of an individual's mobility impairment,
		    and shall make reasonable accommodations to the extent necessary to admit such
		    individuals, consistent with federal, state, and local laws.
(c) An operator shall not accept nor retain
		    any person who:
(1) is in need of continual
		    medical or nursing care or supervision as provided by facilities licensed
		    pursuant to article 28 of the Public Health Law, or licensed or operated
		    pursuant to articles 19, 23, 29 and 31 of the Mental Hygiene Law;
(2) suffers from a serious and persistent
		    mental disability sufficient to warrant placement in a residential facility
		    licensed pursuant to article 19, 23, 29 or 31 of the Mental Hygiene
		    Law;
(3) requires health or mental
		    health services which are not available or cannot be provided safely and
		    effectively by local service agencies or providers;
(4) causes, or is likely to cause, danger to
		    himself or others;
(5) repeatedly
		    behaves in a manner which directly impairs the wellbeing, care or safety of the
		    resident or other residents, or which substantially interferes with the orderly
		    operation of the facility;
(6) has a
		    medical condition which is unstable and which requires continual skilled
		    observation of symptoms and reactions or accurate recording of such skilled
		    observations for the purposes of reporting to the resident's
		    physician;
(7) refuses or is unable
		    to comply with a prescribed treatment program, including but not limited to a
		    prescribed medications regimen when such failure causes, or is likely to cause,
		    in the judgment of a physician, life-threatening danger to the resident or
		    others;
(8) is chronically
		    bedfast;
(9) has chronic unmanaged
		    urinary or bowel incontinence;
(10)
		    suffers from a communicable disease or health condition which constitutes a
		    danger to other residents and staff;
(11) is dependent on medical equipment,
		    unless it has been demonstrated that:
(i) the
		    equipment presents no safety hazard;
(ii) use of the equipment does not restrict
		    the individual to his room, impede the individual in the event of evacuation,
		    or inhibit participation in the routine activities of the home;
(iii) use of the equipment does not restrict
		    or impede the activities of other residents;
(iv) the individual is able to use and
		    maintain the equipment with only intermittent or occasional assistance from
		    medical personnel;
(v) such
		    assistance, if needed, is available from approved community resources;
		    and
(vi) each required medical
		    evaluation attests to the individual's ability to use and maintain the
		    equipment;
(12) engages
		    in alcohol or drug use which results in aggressive or destructive behavior;
		    or
(13) is under 18 years of age;
		    or, in a public adult home, under 16 years of age.