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 490 - Standards For Residences For Adults › Section 490.4 - 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 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 must not accept or 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 treatment
		    facility licensed or operated pursuant to articles 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 social services agencies or
		    providers;
(4) causes, or is likely
		    to cause, 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
		    facility;
(6) has a medical
		    condition which requires continual skilled observation of symptoms or reactions
		    to medications or accurate recording of such skilled observations for the
		    purpose 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 refusal or inability causes, or, in the judgment
		    of a physician, is likely to cause life-threatening danger to the resident or
		    others;
(8) requires more than
		    supervision and assistance with self-administration of medications in order to
		    maintain a prescribed medication regimen;
(9) chronically requires physical assistance
		    with the personal activities of daily living, including grooming, bathing,
		    dressing, toileting, or eating;
(10)
		    is chronically bedfast;
(11) has
		    chronic unmanaged urinary or bowel incontinence;
(12) suffers from a communicable disease or
		    health condition which constitutes a danger to other residents and
		    staff;
(13) 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
		    facility;
(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, and such assistance is available from local social service
		    agencies or approved community resources; and
(v) each required medical evaluation attests
		    to the individual's ability to use and maintain the
		    equipment;
(14) engages in
		    alcohol or drug use which results in aggressive or destructive
		    behavior;
(15) is under 18 years of
		    age; or under 16 years of age if such person is to be admitted to a residence
		    for adults operated by a social services district.