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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 488.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    of an enriched housing program must provide, through its employees and agents,
		    an organized program of supervision, care, and services which:
(1) meets the standards set forth in this
		    Part;
(2) assures the protection of
		    resident rights; and
(3) promotes
		    the social, physical and mental well-being of the
		    residents.
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 488.6 - Resident funds and valuables

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Funds.
(1) The operator must
		    issue a receipt to a resident for any funds received for:
(i) payment of the facility rate;
(ii) payment of appropriate supplemental
		    charges;
(iii) payment of funds
		    owed to the operator by the resident;
(iv) deposits to a personal allowance account
		    established pursuant to section
		    485.12 
		    of this Title;
(v) any other funds
		    held in custody for the resident; and
(vi) any other funds received by the operator
		    from the resident.
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 488.7 - Resident services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator will be responsible for the provision of resident services, which will
		    include, at a minimum, supervision, personal care, case management, activities,
		    housekeeping and food service as defined in this section and section
		    488.8  of this Part.
(b)
Supervision.
(1) Supervision includes:
(i) knowledge of the general whereabouts of
		    each resident;
(ii) identification
		    of abrupt or progressive changes in behavior or health status of each
		    resident;
(iii) assistance to and
		    encouragement of residents in performing basic activities of daily living
		    including:
(a) appropriate nutritional
		    intake;
(b) personal
		    hygiene;
(c) participation in
		    enriched housing program and community programs; and
(d) basic money management;
		    and
(iv) investigation of
		    incidents involving resident health, safety, injury, occurrences which would
		    constitute a reportable incident, or death.
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 488.8 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator must establish a food service program which will provide for meals
		    which are balanced, nutritious and adequate in amount and content to meet
		    residents' daily dietary needs.
(b)
Congregate meals.
(1) The
		    operator must serve at a minimum, one hot midday or evening meal per day seven
		    days a week in a congregate setting.
(2) Congregate meals must meet one third of
		    the recommended dietary allowances of the Food and Nutrition Board of the
		    National Academy of Science, National Research Council, adjusted for age, sex
		    and activity.
(3) Menus for
		    congregate meals must be:
(i) planned a
		    minimum of three weeks in advance;
(ii) available in the food preparation
		    area;
(iii) established in
		    consultation with residents;
(iv)
		    established in consultation with a dietary consultant; and
(v) recorded on an approved menu planning
		    form which must be dated and amended to record any changes or substitutions
		    served.
(4) Information
		    on each resident's prescribed dietary regimen and food allergies must be
		    available in the food service area and must be used in the planning,
		    preparation and service of resident meals.
(5) Congregate meals must be varied in
		    methods of preparation and content.
(6) Food on hand must be sufficient to permit
		    the service of meals for a minimum of three days.
(7) Food must be stored, prepared and served
		    in such a manner as to ensure its safety and nutritional value.
(8) There must be sufficient supply of
		    dishes, glasses and utensils for the number of residents being
		    served.
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 488.11 - Environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Capacity.
(1) The capacity of an
		    enriched housing program located in a building with individual or shared
		    apartments must not exceed the capacity that can be accommodated in 25 percent
		    of the total number of units in the building.
(2) The capacity of an enriched housing
		    program located in a building in which residents share all space other than
		    bedrooms must not exceed seven residents.
(3) If the operator is a public agency, the
		    capacity at any one site must not exceed 16 residents.
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 488.12 - Disaster and emergency procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator must have a written plan,
		    approved by the department, which details the procedures to be followed for the
		    proper protection of residents and staff in the event of an actual or
		    threatened emergency or disaster which interrupts normal service.
(b) Emergency procedures must include:
(1) protection of residents from harm to
		    person and property;
(2) monitoring
		    emergency call systems within the buildings when available;
(3) handling individual emergencies, or need
		    for assistance, including arranging for medical or other services;
(4) conducting and supervising evacuation
		    drills; and
(5) implementing the
		    disaster and emergency plan.
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 488.13 - Reporting of reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities subject to the Justice Center, and any
			 individuals associated with such facility, or performing work for it, who fall
			 within the definition of
mandated reporter
under section 488  of the Social Services Law, shall report
			 any occurrence constituting a reportable incident immediately to the Justice
			 Center upon having reasonable cause to believe that abuse, neglect or
			 mistreatment or misappropriation has occurred.
(a) Circumstances to be reviewed that may
		    lead to a reasonable cause conclusion might include, but are not limited to:
(1) a statement that a reportable incident
		    has occurred;
(2) the presence of a
		    physical condition (
e.g.
, a bruise) which is inconsistent with
		    the history or course or treatment of the resident; or
(3) a visual or aural observation of an act
		    or condition indicating the occurrence of a reportable incident.
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 489.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
		    shall apply to family-type homes for adults as defined herein.
(b) Parts 485 and 486 of this Title shall
		    apply to family-type homes, except as specifically limited.
(c) Any person who operates a family-type
		    home is subject to the jurisdiction of the department and must comply with
		    these regulations or modify or cease operation.
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 489.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
family-type home for adults
shall mean an adult care facility
		    established and operated for the purpose of providing long-term residential
		    care, room, board and personal care, and/or supervision to four or fewer adult
		    persons unrelated to the operator, hereafter referred to in this Part as
home,
and in other applicable Parts, as
facility.
(b)
Unrelated to the operator of a family type home
means that the
		    relationship between the operator and the resident is not that of spouse,
		    parent or parent-in-law, child or stepchild.
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 489.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    of a family-type home for adults must be a natural person. An individual may,
		    but is not required to, seek certification as an operator of a family-type home
		    for adults to care for persons related to her or him provided that the
		    relationship is not that of a spouse, parent or parent-in-law, child or
		    step-child.
(b) The operator of a
		    family-type home for adults shall:
(1) live in
		    the home;
(2) be at least 21 years
		    of age;
(3) be of good
		    character;
(4) be physically and
		    mentally capable of operating the home;
(5) be able to speak, read and write
		    English;
(6) provide 24-hour-a-day
		    supervision, care and services to meet the needs of the residents; assure the
		    protection of resident rights; and promote the social, physical and mental
		    well-being of residents;
(7)
		    operate and maintain the home in compliance with department regulations and
		    with applicable statutes and regulations of other State and local
		    jurisdictions;
(8) demonstrate
		    sufficient income, not solely derived from income from the residents, to meet
		    the household expenses of the operator and members of his/her personal
		    household;
(9) not be otherwise
		    employed in or outside the home unless the operator can demonstrate substitute
		    provision for the care and maintenance of the residents and receives prior
		    written approval from the local department of social services;
(10) designate a substitute caretaker,
		    approved in advance by the local department of social services, to maintain the
		    home in the temporary absence of the operator; and
(11) notify the social services district of
		    any changes in household circumstances or composition, including family members
		    and other residents commencing or terminating residency at the home as well as
		    the admission and discharge of all family-type home residents.
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 489.4 - Application and certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
		    to establish and operate a family-type home for adults shall be made on
		    Application for Family-Type Home for Adults (DSS-2865) and filed with the
		    commissioner of the local social services district in which the proposed home
		    is located. The application must be signed and dated by each applicant. The
		    date of signature shall be considered the date of application
		    submittal.
(b)
Supporting
		    information.
(1) The following
		    documents shall be submitted to the local department of social services in
		    support of the application:
(i) Names and
		    addresses of former employers within the last five years and of two persons not
		    related to the applicant(s) who are acquainted with the applicant(s)' desire
		    and ability to operate a family-type home.
(ii) A statement from a physician, signed and
		    dated within 90 days after the date of submittal, indicating that each
		    applicant is physically and mentally capable of providing adequate care to
		    dependent adults. Department form Medical Evaluation (Operator) (DSS-3239) or
		    an approved local equivalent may be used to fulfill this requirement.
(iii) A statement of each applicant's
		    education, experience and community activities.
(iv) A statement of income of the
		    applicant(s).
(v) A fire inspection
		    report, signed and dated within 90 days after the date of submittal, from the
		    local fire department, building department, code enforcement officer or other
		    approved local authority.
(vi) A
		    lab report which meets the standards of the New York State Department of
		    Health, signed and dated within 90 days after the date of submittal of the
		    quality of drinking water if a municipal water source is not
		    available.
(vii) A sketch of floor
		    plan indicating room usage, bedroom dimensions, location of exits, and interior
		    stairways and location of smoke detectors and fire extinguishers.
(viii) The name, address and qualifications
		    of the proposed substitute caretaker(s).
(ix) For substitute caretakers who are
		    scheduled to provide 20 or more hours of care a week, a statement from a
		    physician, signed and dated within 90 days after submittal, indicating that the
		    individual is physically and mentally capable of providing adequate care to
		    dependent adults. Medical Evaluation (Operator) (DSS-3239) or approved local
		    equivalent may be used to fulfill this requirement.
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 489.5 - Inspection and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Inspection.
(1) Responsibility
		    for the inspection and supervision of family-type homes has been delegated by
		    the commissioner to the commissioners of local social services districts in
		    which the family-type home for adults is located.
(2) Unless otherwise specified, the
		    definitions and procedures set forth in sections
		    486.1 and
		    486.2  of
		    this Title must apply. A complete unannounced inspection of each certified
		    family-type home must be conducted at least annually. Additional inspections
		    must be conducted by the social services district when necessary to ensure the
		    health, safety and well-being of the residents.
(3) The local department shall notify the
		    appropriate regional office of the department of any uncertified homes which
		    reasonably appear to be family-type homes for adults and shall, upon the
		    request of the department, inspect any such homes.
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 489.6 - Responsibilities of local departments of social services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition
		    to the responsibilities described in applicable sections of this Part and Parts
		    485 and 486 of this Title, local department of social services staff shall
		    provide orientation to family-type care and assist the operator of a
		    family-type home to develop procedures and mechanisms to:
(1) obtain required health and mental health
		    information concerning residents and prospective residents;
(2) arrange for professional evaluation of
		    residents, and for the transfer of the resident to an appropriate level of
		    care, if necessary;
(3) establish
		    linkages with community resources; and
(4) fulfill recordkeeping
		    requirements.
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 489.8 - Discharge and transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
		    resident shall have the right to discharge himself/herself from a family-type
		    home.
(b) An operator may discharge
		    a resident only under the terms set forth in the admission agreement, or as
		    required by this section.
(c) When
		    a resident develops a medical condition which requires immediate or continual
		    skilled medical and nursing services which cannot be provided on an outpatient
		    basis, or which constitutes a serious and present danger to other residents,
		    arrangements shall be made by the operator for transfer of such resident to an
		    appropriate medical facility.
(d)
		    In the event that a resident exhibits behavior that constitutes a danger to
		    self or others, the operator shall arrange for appropriate professional
		    evaluation of the resident's condition, and, if necessary, transfer of the
		    resident to a facility providing the proper level of care.
(e) Discharge or transfer required in accord
		    with subdivisions (c) and (d) of this section may be made without regard to the
		    requirements for notice stipulated in the admission agreement.
(f) When a resident is involuntarily
		    discharged or transferred, except as set forth in subdivisions (c) and (d) of
		    this section, the operator shall provide at least 30 days prior written
		    notification to the resident, resident's representative, or next-of-kin, if
		    known, and the local department of social services. The written notice shall
		    state the date of notice, date of discharge, reason(s) for discharge, and the
		    phone number of the local department of social services along with a statement
		    indicating that the local department may be used as resource in locating
		    another placement.
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 489.9 - Resident protections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Resident rights and responsibilities.
(1) Each operator shall adopt a statement of
		    the rights and responsibilities of residents and shall treat each resident in
		    accord with the principles contained in the statement.
(2) A copy of the statement of rights issued
		    by the department shall be posted in a conspicuous location in a public area of
		    the home.
(3) At a minimum, the
		    operator shall afford each resident the following rights and protections:
(i) A resident's civil rights shall not be
		    infringed.
(ii) A resident's
		    religious liberties shall not be infringed.
(iii) A resident shall have the right to have
		    private, written and verbal communications with anyone of his/her
		    choice.
(iv) A resident shall have
		    the right to present grievances on his/her behalf or the behalf of other
		    residents, to the operator, the department or other government officials or any
		    other party without fear of reprisal.
(v) A resident shall have the right to join
		    with other residents or individuals to work for improvements in resident
		    care.
(vi) A resident shall have
		    the right to manage his or her own financial affairs.
(vii) A resident shall have the right to
		    privacy in his/her own room and in caring for personal needs.
(viii) A resident shall have the right to
		    confidential treatment of personal, social, financial and health
		    records.
(ix) A resident shall have
		    the right to receive courteous, fair and respectful care and treatment at all
		    times and shall not be physically, mentally or emotionally abused or neglected
		    in any manner.
(x) A resident shall
		    not be restrained nor locked in a room at any time.
(xi) A resident shall have the right to
		    receive and to send mail or any other correspondence unopened and without
		    interception or interference.
(xii)
		    A resident shall be permitted to leave and return to the home at reasonable
		    hours.
(xiii) A resident shall not
		    be obliged to perform work.
(xiv) A
		    resident shall not be permitted, or obliged, to provide any operator or agent
		    of the operator any gratuity in any form for services provided or arranged for
		    in accord with law or regulation.
(xv) A resident must have the right to have
		    his/her version of the events leading to an accident or incident in which such
		    resident is involved included on all accident or incident reports.
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 489.10 - Resident services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    shall provide a program of resident services which shall include room, board,
		    supervision, personal care and social support.
(b)
Supervision.
(1) Supervision services shall include, but
		    are not limited to:
(i) maintaining knowledge
		    of general whereabouts of each resident;
(ii) monitoring residents to identify abrupt
		    or progressive changes in behavior or appearance which may signify the need for
		    assessment and service;
(iii)
		    monitoring and guidance to assist residents in performing basic activities of
		    daily living, including:
(a) attendance at
		    meals and maintenance of appropriate nutritional intake;
(b) performance of personal hygiene and
		    grooming activities;
(c)
		    participation in home and community programs; and
(d) performance of basic money management and
		    fulfillment of service needs.
(iv) monitoring the property, the home and
		    activities of residents to protect residents from harm to person and
		    property;
(v) monitoring emergency
		    call systems within the home;
(vi)
		    handling individual emergencies, or need for assistance, including arranging
		    for medical or other services;
(vii) conducting and supervising of
		    evacuations and fire and evacuation drills;
(viii) implementing of the disaster and
		    emergency plan; and
(ix)
		    investigating of incidents involving resident endangerment, injury or
		    death.
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 489.11 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    shall provide:
(1) three meals a
		    day;
(2) a nutritious evening
		    snack; and
(3) regular diets and
		    modified diets as required by the resident, except that an operator may elect
		    not to admit or retain residents who require modified diets.
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 489.12 - Environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    shall maintain the home in a good state of repair and sanitation, free of
		    safety hazards and in conformance with any applicable local or State health and
		    safety laws or regulations.
(b)
		    Unless the operator has received prior written approval from the social
		    services district, space in a family-type home for adults must be used only for
		    long-term residential care and for family activities. The operator may request
		    approval to utilize space for other activities such as room and board to
		    individuals not in need of personal care and/or supervision, respite care,
		    protective services for adults placements or adult day care.
(1) To obtain approval to provide room and
		    board to individuals not in need of personal care and/or supervision, the
		    operator must demonstrate:
(i) that the
		    proposed use is not incompatible with the family-type program; and
(ii) that the additional use can be
		    physically accommodated within the home;
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 489.13 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    shall provide service mandated by statute and regulation.
(b) If the operator elects to purchase
		    services, the operator shall remain solely responsible for the quality of care
		    and for compliance with applicable law and regulation.
(c) The operator shall orient and train
		    employees and volunteers in the following:
(1) residents' rights and the home's rules
		    and regulations for residents;
(2)
		    procedures and/or regulations relative to the specific duties to be
		    performed;
(3) emergency
		    procedures; and
(4) in the
		    characteristics and needs of the population served by the home.
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 489.14 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    shall:
(1) collect, maintain and submit such
		    information, records or reports required by the department;
(2) maintain records required by the
		    department and local department of social services in the home, and shall make
		    such records available to department staff and designees for review;
(3) maintain the confidentiality of
		    individual resident records, and not release information in a resident record
		    to anyone other than the resident, next of kin or authorized representatives of
		    the resident, or an employee or designee of the department without the
		    resident's written permission, provided that confidential HIV-related
		    information concerning residents must be maintained in accordance with section
		    485.11(g)(5)-(10) 
		    of this Title;
(4) maintain
		    confidential HIV-related information concerning employees, volunteers,
		    applicants for employment and prospective residents in accordance with section
		    485.11(g)(9)-(15) 
		    of this Title;
(5) maintain records
		    in a manner which assures resident privacy, and accessibility to the
		    operator(s) and substitute(s) in the provision of routine and emergency
		    services;
(6) maintain complete,
		    accurate and current records for each resident, including: a copy of the latest
		    admission agreement; personal allowance account transaction; an inventory of
		    any personal property held by the operator for the resident; personal data;
		    medical evaluations; medication record; and such other information concerning
		    the resident that may be necessary to provide adequate care; and
(7) maintain accurate and current records on
		    the operation of the home, including incident reports, records of evacuation
		    drills, and an admission and discharge record.
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 489.15 - Special needs funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
		    accordance with standards established by the department, local districts must
		    establish a process to periodically advance funds to operators of certified
		    family-type homes for adults to meet one or more of the special needs of their
		    residents who are receiving supplemental security income, additional State
		    payments or home relief. Local districts must periodically advance payments to
		    operators of certified family-type homes for adults for the following special
		    needs items:
(1) up to $290 a year per
		    resident for clothing, transportation, recreation and cultural
		    activities;
(2) up to $500 a year
		    per home for the provision of substitute care for scheduled and emergency
		    absences of the operator; and
(3)
		    up to $75 a year per home to be used for health and safety equipment.
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 489.16 - Capacity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The total
		    number of residents, including persons receiving respite care or persons placed
		    under protective services for adults, persons receiving adult day care services
		    and/or persons receiving room and board, may not exceed six unless prior
		    written approval is granted by the social services district pursuant to section
		    489.12(b)(2)
		    and (3)  of this Part. In determining whether
		    to approve a request by an operator to exceed certified capacity, the social
		    services district must consider the impact on the family-type home residents
		    and the ability of the operator to care for additional persons in need of care
		    and supervision.
(b) This section
		    does not apply to family-type homes for adults that were certified and were
		    serving more than six adults prior to the effective date of this
		    section.
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 489.17 - Abuse, neglect and significant incidents

Current through Register Vol. 46, No. 28, July 10, 2024
Family-type home for adults shall be subject to and must
			 comply with the requirements as set forth in Part 433 of this Title and any
			 other applicable regulations including, but not limited to, 14 NYCRR Part
			 703.
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 490.0 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the procedures and requirements for
			 operating a residence for adults. A residence for adults is a type of adult
			 care facility as defined by section 2  of the Social Services Law. The department's
			 authority to regulate residences for adults is set forth in section 460  of the Social Services
			 Law.
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 490.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
		    applies to residences for adults as defined herein.
(b) Parts 485 and 486 of this Title apply to
		    residences for adults except as specifically limited in this Part.
(c) This part does not apply to any housing
		    projects established pursuant to the Private Housing Finance Law, the Public
		    Housing Law, the former Membership Corporations Law or the Not-for-Profit
		    Corporation Law, except for those distinct programs operated by such projects
		    which provide an organized program of supervision and services which are
		    approved and certified by the department.
(d) Any person, partnership, corporation,
		    organization, agency, government unit, or other entity which operates a
		    residence for adults is subject to the jurisdiction of the department and must
		    comply with these regulations or cease operation.
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 490.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
A residence for adults is an adult care facility
			 established and operated for the purpose of providing long-term residential
			 care, room, board, housekeeping, case management, activities and supervision to
			 five or more adults, unrelated to the operator, who are unable or substantially
			 unable to live independently.
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 490.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
		    of a residence for adults must provide, through his/her employees and agents,
		    an organized, 24 hour-a-day program of supervision, care, and services which:
(1) meets the standards set forth in this
		    Part;
(2) assures the protection of
		    resident rights; and
(3) promotes
		    the social, physical and mental well-being of the residents.
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 490.6 - Resident funds and valuables

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Funds.
(1) The operator must issue a receipt
		    to a resident for any funds received for:
(i)
		    payment of the facility rate;
(ii)
		    payment of appropriate supplemental charges;
(iii) payment of funds owed to the operator
		    by the resident;
(iv) deposits to a
		    personal allowance account established pursuant to section
		    485.12 
		    of this Title;
(v) any other funds
		    held in custody for the resident; and
(vi) any other funds received by the operator
		    from the resident.
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 490.7 - Resident services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator is responsible for the provision of resident services, which include,
		    at a minimum, room, board, housekeeping, supervision, case management and
		    activities.
(b) The operator of a
		    facility in which at least 25 percent of the resident population or 25
		    residents, whichever is less, are mentally disabled persons who have been
		    released or discharged from facilities operated or certified by an office of
		    the Department of Mental Hygiene must arrange, by written agreement, with the
		    outpatient or after-care services of the nearest State psychiatric or
		    developmental facility, or alcoholism and substance abuse agency, the local
		    mental health service or a support service provider, for assistance with the
		    assessment of mental health or other service needs, the supervision of general
		    mental health care, including the provision of necessary alcoholism and
		    substance abuse services, and the provision of related case management services
		    for those residents enrolled in these service programs.
(c)
(1) The
		    agreement developed in satisfaction of subdivision (b) of this section must be
		    reviewed and approved, prior to execution, by the appropriate regional offices
		    of the Department of Health and the appropriate office of the Department of
		    Mental Hygiene, including the Office of Alcoholism and Substance
		    Abuse.
(2) The agreement must
		    address the role and responsibility, if any, of each party for:
(i) pre- and post-admission assessment and
		    screening, except that final decisions on admission and retention remain the
		    responsibility of the operator;
(ii) the development of service plans and the
		    provision of or arrangements for services;
(iii) securing emergency mental health
		    services and rehospitalization;
(iv) coordination of services within the
		    facility and the exchange of information;
(v) resolving conflicts or disagreements on
		    individual cases.
(3) The
		    agreement may not limit or supersede the authority or the responsibilities of
		    either party.
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 490.8 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator must provide meals which are balanced, nutritious and adequate in
		    amount and content to meet the daily dietary needs of residents.
(b) The operator must provide at a minimum:
(1) three meals a day, served at
		    regularly-scheduled times, or an alternative meal plan which has the prior
		    approval of the department. Under an approved alternate meal plan, a resident
		    may purchase or prepare some of his/her own meals. However, whether the
		    operator provides the standard meal plan or an approved alternate, the operator
		    is responsible for supervising each resident to insure that the resident
		    maintains appropriate nutritional intake; and
(2) nutritious snacks.
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 490.10 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator must collect and maintain such information, records, or reports as
		    determined by the department to be necessary.
(b) The department may examine the books and
		    records of any facility to determine the accuracy of the annual financial
		    statement or for any other reason deemed appropriate by the department to
		    effectuate the purposes of these regulations.
(c) Resident records.
(1) The operator must maintain complete,
		    accurate and current records for each resident.
(2) Such records must be maintained in the
		    facility and must be available for review and inspection by staff of the
		    department or by designees of the department.
(3) Records must be maintained in a manner
		    which assures resident privacy and accessibility to staff to use in the
		    provision of routine and emergency services.
(4) The operator must maintain:
(i) financial records for each resident which
		    contain at a minimum a copy of the current admission agreement, documentation
		    of the status of the resident's payment account, and personal fund account and
		    a current inventory of any personal property held in custody for the resident
		    by the operator;
(ii) personal
		    records for each resident which contain at a minimum personal data, including
		    identification of the resident's next of kin, family and sponsor; the name and
		    address of the person or persons to be contacted in the event of an emergency;
		    copies of the residents' medical and mental health evaluations, the screening
		    and assessments, the individual service plans, schedules and records of paid or
		    volunteer work, if any, and such other correspondence and papers as are
		    available to document the physical and mental status and socialization skills
		    of the resident; and
(iii) records
		    which are readily available to food service staff to enable staff to plan for
		    and accommodate prescribed dietary regimens, allergies and individual food
		    preferences.
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 490.11 - Environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
		    order to provide a safe, comfortable environment for residents, the operator
		    must maintain the facility in a good state of repair and sanitation and in
		    conformance with applicable State and local laws, regulations and
		    ordinances.
(b) A person seeking
		    certification to construct a new building or renovate an existing building for
		    use an a residence for adults or an operator of a certified residence for
		    adults who is planning renovation or remodeling must:
(1) submit to the department, in duplicate,
		    plans and specifications for construction, renovation or building addition;
		    and
(2) proceed with implementation
		    of such plans only after obtaining written approval of the
		    department.
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 490.12 - Disaster and emergency planning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator must have a written plan,
		    approved by the department, which details the procedures to be followed for the
		    proper protection of residents and staff in the event of an actual or
		    threatened emergency or disaster which interrupts normal service.
(b) The plan must include but not be limited
		    to:
(1) procedures and designated staff
		    responsibilities for execution of any part of the plan;
(2) procedures for full and partial
		    evacuation of the facility including:
(i)
		    designation of staff responsible for the conduct and supervision of
		    evacuation;
(ii) a schedule and
		    procedures for training all staff in evacuation procedures and
		    responsibility;
(iii) procedures
		    for the conduct of monthly fire drills for staff;
(iv) procedures for the conduct of quarterly
		    fire drills for staff and residents;
(v) specific and current procedures for the
		    evacuation of any resident who needs assistance with evacuation;
(3) preliminary plans for
		    relocation of residents, if necessary;
(4) coordination of the facility plan with
		    such community resources and local disaster and emergency planning
		    organizations as may be available to provide temporary shelter, food and
		    clothing, and other essential services; and
(5) plans for the maintenance of service in
		    the event of reductions in personnel.
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 491.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
		    apply to shelters for adults, small-capacity shelters and shelters for adult
		    families as defined herein.
(b) Any
		    person, partnership, corporation, organization, agency, governmental unit, or
		    other entity that operates a shelter for adults, a small-capacity shelter or a
		    shelter for adult families is subject to the jurisdiction of the Office of
		    Temporary and Disability Assistance and must comply with these
		    regulations.
(c) A social services
		    district shall not be reimbursed from State or State-administered grants or
		    funds for costs incurred for shelter and services provided by shelters for
		    adults, small-capacity shelters and shelters for adult families unless such
		    facilities:
(1) have been issued operating
		    certificates by the Office of Temporary and Disability Assistance pursuant to
		    section
		    491.4  of this
		    Part, as amended;
(2) are operating
		    pursuant to operating certificates issued by the Office of Temporary and
		    Disability Assistance pursuant to section
		    485.5  of
		    this Title before the effective date of this Part; or
(3) have been operating without operating
		    certificates since before the effective date of this Part, in which case the
		    facilities must be certified within three years from the effective date of the
		    Part.