N.Y. Comp. Codes R. & Regs. Tit. 18 § 485.14 - Access to adult-care facilities
(a) This section shall apply to all adult
care facilities excluding shelters for adults, which are addressed in Part 491
of this Title.
(b) An operator
shall not restrict or prohibit access to the facility by:
(1) family members, guardians, friends of an
individual resident and legal representatives, legal counsels and case
managers;
(2) individuals
representing community organizations or service agencies who will provide, free
of charge, a service or educational program to residents; or
(3) an employee or representative of any
public or private not-for-profit corporation, community organization or
association whose primary purposes for visiting include assisting residents in
resolving problems and complaints concerning their care and treatment, and in
securing adequate services to meet their needs. The operator shall make
available an unrestricted common area of the facility for such
visits.
(c) Such
unrestricted access in common areas shall be permitted for at least 10 hours
between 9 a.m. and 8 p.m. daily.
(d) The operator may require anyone seeking
access to the facility to sign a visitor's register or like record but may not
inquire as to the reason for the visit.
(1)
Residents may have visitors at any time.
(e) The operator shall not interfere with
confidential visits with residents and persons assured access under this
section.
(f) Persons assured access
under this section shall not enter the living area of any resident without
identifying themselves to the resident, stating the purpose of the visit, and
receiving the permission of the resident and the resident's roommate to enter
the living area.
(g) A resident
shall have the right to terminate or deny any visit from persons assured access
under this section.
(h)
Notwithstanding subdivision (a) of this section, the operator may restrict or
prohibit access to the facility or interfere with confidential visits with
residents by individuals who the operator has reasonable cause to believe would
directly endanger the safety of such residents.
(i) If the operator denies access for
reasonable cause, the operator shall:
(1)
record a written statement of the incident, including the reasons for denial,
the date and time and identification of the individuals involved;
(2) maintain the statement at the facility;
and
(3) make such statement
available upon request to the resident involved and persons denied
access.
(j) If the
operator of a facility denies access, the person denied access may bring an
action in Supreme Court in the county in which the facility is located for an
order granting such person access to such facility. If the court finds that
such denial was made in bad faith, the operator of the facility shall be liable
for all costs, including reasonable attorney's fees, and the court may, in its
discretion, assess a civil penalty not to exceed $50 per day for each day such
access was denied.
(k) Public or
private not-for-profit corporations, community organizations or associations
who wish to have their employees or representatives assured access to
facilities, under paragraph (b)(3) of this section, shall register with the
department. Corporate organizations shall file a copy of the certificate of
incorporation; others shall file agency bylaws or a written statement of
purposes, including a description of the services or assistance the
organization intends to make available to residents.
(l) The department shall maintain a registry
of such organizations and shall provide periodic notice of changes to
operators.
Notes
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No prior version found.