N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.22 - Inspections
(a) The office
shall inspect each shelter for adults, small-capacity shelter, and shelter for
adult families for which a social services district seeks or receives
reimbursement from the State at least once a year, to ensure that the facility
will operate or is operating in compliance with all applicable laws and
regulations including the regulations in this Part, and with an operational
plan that has been approved by the office.
(b)
Inspection means
periodic scheduled, announced or unannounced onsite investigation, including
the gathering of written, photographic, or other physical evidence by the
office or its staff, at any time irrespective of whether during regular
business hours or at night or on weekends, for the purpose of determining
whether a shelter for adults, a small-capacity shelter, or a shelter for adult
families will be operated or is operating in compliance with the requirements
of this Part and with an operational plan approved by the office.
(c) Each shelter for adults, small-capacity
shelter, and shelter for adult families shall allow the office full access at
any time to the facility's grounds, buildings, employees and residents, and
books and papers including, but not limited to, the residents' case and medical
records, if any. Interference with an inspection, refusal to allow admission,
delay in allowing admission, or refusal to provide complete access to the
facility or the facility's books and papers will be deemed to be a violation,
and may result in the office taking immediate enforcement action.
(d) An inspection report shall be made of
each inspection conducted by the office, which shall identify and indicate in
detail each area of operation inspected, including the premises, equipment,
personnel, care and services, and whether each area of operation is or is not
in compliance with the regulations in this Part and with an operational plan
for the facility approved by the office. The inspection report shall be
forwarded to both the social services district and to the facility
operator.
(e) Upon receipt of an
inspection report noting areas where the facility fails to comply with the
requirements of this Part, or with the operational plan for the facility
approved by the office, but in no case later than 30 days following the date
the inspection report is issued, the social services district must correct the
deficiencies or in the event that correction requires more than 30 days, submit
an acceptable plan for correction to the office for the office's review and
approval.
(f) Notwithstanding any
other provisions of this section, in the event that office determines that
there exist deficiencies, violations, or conditions at a shelter for adults, a
small-capacity shelter or a shelter for adult families, which are dangerous,
hazardous, imminently detrimental to life or health, or otherwise render the
facility unfit for human habitation, the office may take immediate emergency
measures, including, but not limited to, one or more of the following:
(1) issuing an emergency order directing the
facility to take immediate measures to rectify any deficiencies, violations or
conditions; requiring additional security, or directing the transfer of the
facility's residents to other temporary emergency housing;
(2) issuing an emergency order revoking,
suspending or limiting the facility's operating certificate, subject to the
notice and expedited hearing process set forth in section
493.8 of this
Title; or
(3) taking any additional
action authorized by State law or regulation.
(g) Failure on the part of the social
services district to correct a noted deficiency within the time period
specified in an emergency order issued by the office pursuant to subdivision
(f) of this section, or to correct deficiencies in accordance with subdivision
(e) of this section, may result in the revocation, suspension or limitation of
the facility's operating certificate, withholding or denial of reimbursement to
the social services district in accordance with section 491.25 of this Part,
and/or the imposition of civil penalties pursuant to section 491.26 of this
Part.
(h) The office also may
conduct inspections of shelters for adults, small-capacity shelters or shelters
for adult families to determine the validity of complaints received by the
office concerning such a facility.
(1) When
such a complaint investigation is being conducted, the office shall advise the
operator of the complaint, review, findings, and may prescribe corrective
action. However, the operator shall not be advised of the conduct of a
complaint investigation if such notice would jeopardize the complainant's
confidentiality or when potential criminal wrongdoing is involved.
(2) After a complaint investigation has been
completed, the office shall advise the complainant of the pertinent findings
and prescribed corrective action, if any. However, a complainant shall not be
advised of the outcomes of an investigation that is being contested by an
operator or when civil or criminal action might be compromised by such
notice.
(i) The facility
operator shall make the inspection report for the most recent inspection, and
any related follow-up inspection reports, excluding any confidential
information and/or confidential attachments, available for review by facility
residents or visitors upon request.
(j) Inspection reports, excluding any
confidential information and/or confidential attachments, for the most recent
two-year period shall be available for review upon request by residents or
visitors.
Notes
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