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 489 - Adult Care Facilities Standards for Family-type Homes › Section 489.7 - Admission standards and procedures

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
		    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 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 well-being, care or safety of
		    the resident or other residents or which substantially interferes with the
		    orderly operation of the home;
(6)
		    has a medical condition which is unstable, and which requires continuous
		    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) is chronically
		    chairfast and unable to transfer or chronically requires the physical
		    assistance of another person to transfer;
(10) chronically requires the physical
		    assistance of another person in order to walk;
(11) chronically requires the physical
		    assistance of another person to climb or descend stairs, unless assignment on a
		    floor with ground-level egress can be made;
(12) has chronic unmanaged urinary or bowel
		    incontinence;
(13) suffers from a
		    communicable disease or health condition which constitutes a danger to other
		    residents and staff;
(14) 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;
(15) is under
		    18 years of age;
(16) does not
		    provide the operator with the required medical evaluations;
(17) refuses or fails to inform the operator
		    on an on-going basis of changes in medications or other elements of the medical
		    evaluation as they occur;
(18)
		    engages in alcohol or drug use which results in aggressive or destructive
		    behavior; or
(19) is unable to
		    communicate with the operator in a common language.