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 488.4 - Admission and retention standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operator may admit, retain and care
		    for only those individuals who require the services the operator is certified
		    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 must not accept nor retain
		    any person who:
(1) needs continual medical
		    or nursing care or supervision as provided by an acute care facility or a
		    residential health care facility certified by the Department of
		    Health;
(2) suffers from a serious
		    and persistent mental disability sufficient to warrant placement in an acute
		    care or residential treatment facility operated or certified by an office of
		    the Department of Mental Hygiene;
(3) requires health, mental health, or other
		    services which cannot be provided by local service agencies;
(4) causes, or is likely to cause, a danger
		    to himself/herself 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 enriched housing program;
(6) requires continual skilled observation of
		    symptoms and reactions or accurate recording of such skilled observations for
		    the purpose of reporting on a medical condition 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 refusal or inability 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/her 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) assistance in
		    the use or maintenance of the equipment, if needed, is available from local
		    social services agencies or approved community resources;
(vi) each required medical evaluation attests
		    to the individual's ability to use and maintain the
		    equipment;
(12) has
		    chronic personal care needs which cannot be met by enriched housing staff or
		    approved community providers;
(13)
		    is not self-directing; i.e., requires continuous supervision and is not capable
		    of making choices about his/her activities of daily living; or
(14) engages in alcohol or drug use which
		    results in aggressive or destructive behavior.