N.Y. Comp. Codes R. & Regs. Tit. 10 § 425.5 - General requirements for Adult day health care settings

(a) the operator must assure that the adult day health care program has all the qualities of a Home and Community-Based Service (HCBS) setting:

(1) The setting is integrated in and supports full access of individuals receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS.

(2) The setting is selected by the individual from among setting options including nondisability specific settings. The setting options are identified and documented in the person-centered care plan and are based on the individual's needs and preferences.

(3) The setting ensures an individual's rights of privacy, dignity and respect, and freedom from coercion and restraint.

(4) The setting optimizes, but does not regiment, individual initiative, autonomy and independence in making life choices, including but not limited to, daily activities, physical environment, access to meals and snacks as desired at any time, and decisions concerning individuals with whom to interact. Visitors are not restricted.

(5) The setting facilitates individual choice regarding services and supports, and who provides them.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 10 § 425.5

Amended by New York State Register September 10, 2014/Volume XXXVI, Issue 36, eff. 9/10/2014. Amended New York State Register March 20, 2024/Volume XLVI, Issue 12, eff. 3/20/2024