N.Y. Comp. Codes R. & Regs. Tit. 18 § 485.16 - Services for nonresidents of certain adult-care facilities
(a) No operator of a certified adult home,
residence for adults or enriched housing program can provide services to
eligible nonresident participants of such facilities as defined in section
485.2 of
this Part without the prior written approval of the department.
(b) An operator of a certified adult home,
residence for adults or enriched housing program must apply for department
approval to provide services to nonresidents of such facilities. Applications
must be on forms approved by the department. Such application must include a
written description of the proposed nonresident service program including, but
not limited to:
(1) a description of the
services to be provided to nonresidents and a description of how such services
would be coordinated with the services provided to permanent
residents;
(2) a description of the
physical space to be used including plans for how such space is to be used and
coordinated with the space used by the permanent residents;
(3) the number of staff engaged in delivering
services to nonresidents, including duties, hours to be worked and staff
qualifications and how such staff would be coordinated with existing
staff;
(4) the number of
nonresidents to be served during the day, evening and night;
(5) a description of how the participant's
community-based plan of care, if any, will be used and coordinated with the
nonresident services program;
(6) a
description of the information and referral services to be provided to
participants and the participants' caregivers;
(7) the transportation services, if any,
which are available to participants;
(8) a description of fees or charges, if
any;
(9) a budget for the services
to be provided;
(10) proposed
forms, including any agreements which nonresidents must sign; and
(11) plans to insure that participants, staff
and volunteers are included in the provisions for disaster and emergency
planning contained in sections
487.12
and
488.12
of this Title.
(c) The
department will issue a letter of authorization to the operator of the adult
home, residence for adults or enriched housing program who has been approved to
establish and operate a program of services for nonresidents of such
facilities. Approval will be granted only when the department finds that a
substantially consistent high level of care is being provided to residents of
the facility or program.
(d) The
commissioner or his/her designee will administer a system of supervision,
inspection and enforcement for approved services for nonresidents in adult
homes, residences for adults and enriched housing programs which assures
compliance with department regulations and the maintenance of standards which
would assure that appropriate care is provided to participants.
(e) In accordance with Part 486 of this
Title, the department may rescind authorization for an operator of an adult
home, residence for adults or enriched housing program to provide services to
nonresidents.
(f) Nonresidents of
adult homes, residences for adults or enriched housing programs who apply to
receive services in such facilities must be admitted in compliance with the
admission standards specified in department regulations for the particular
facility.
(g) Services provided to
nonresidents of adult homes, residences for adults or enriched housing programs
must be provided in compliance with the department's regulations concerning the
delivery of services to residents of such facilities.
Notes
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No prior version found.