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 491.22 - Inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
		    shall inspect each shelter for adults, small-capacity shelter, and shelter for
		    adult families for which a social services district seeks or receives
		    reimbursement from the State at least once a year, to ensure that the facility
		    will operate or is operating in compliance with all applicable laws and
		    regulations including the regulations in this Part, and with an operational
		    plan that has been approved by the office.
(b)
Inspection
means
		    periodic scheduled, announced or unannounced onsite investigation, including
		    the gathering of written, photographic, or other physical evidence by the
		    office or its staff, at any time irrespective of whether during regular
		    business hours or at night or on weekends, for the purpose of determining
		    whether a shelter for adults, a small-capacity shelter, or a shelter for adult
		    families will be operated or is operating in compliance with the requirements
		    of this Part and with an operational plan approved by the office.
(c) Each shelter for adults, small-capacity
		    shelter, and shelter for adult families shall allow the office full access at
		    any time to the facility's grounds, buildings, employees and residents, and
		    books and papers including, but not limited to, the residents' case and medical
		    records, if any. Interference with an inspection, refusal to allow admission,
		    delay in allowing admission, or refusal to provide complete access to the
		    facility or the facility's books and papers will be deemed to be a violation,
		    and may result in the office taking immediate enforcement action.
(d) An inspection report shall be made of
		    each inspection conducted by the office, which shall identify and indicate in
		    detail each area of operation inspected, including the premises, equipment,
		    personnel, care and services, and whether each area of operation is or is not
		    in compliance with the regulations in this Part and with an operational plan
		    for the facility approved by the office. The inspection report shall be
		    forwarded to both the social services district and to the facility
		    operator.
(e) Upon receipt of an
		    inspection report noting areas where the facility fails to comply with the
		    requirements of this Part, or with the operational plan for the facility
		    approved by the office, but in no case later than 30 days following the date
		    the inspection report is issued, the social services district must correct the
		    deficiencies or in the event that correction requires more than 30 days, submit
		    an acceptable plan for correction to the office for the office's review and
		    approval.
(f) Notwithstanding any
		    other provisions of this section, in the event that office determines that
		    there exist deficiencies, violations, or conditions at a shelter for adults, a
		    small-capacity shelter or a shelter for adult families, which are dangerous,
		    hazardous, imminently detrimental to life or health, or otherwise render the
		    facility unfit for human habitation, the office may take immediate emergency
		    measures, including, but not limited to, one or more of the following:
(1) issuing an emergency order directing the
		    facility to take immediate measures to rectify any deficiencies, violations or
		    conditions; requiring additional security, or directing the transfer of the
		    facility's residents to other temporary emergency housing;
(2) issuing an emergency order revoking,
		    suspending or limiting the facility's operating certificate, subject to the
		    notice and expedited hearing process set forth in section
		    493.8  of this
		    Title; or
(3) taking any additional
		    action authorized by State law or regulation.