N.Y. Comp. Codes R. & Regs. Tit. 18 § 492.3 - General requirements
(a) No day
program for nonresidents of adult homes, residence for adults or enriched
housing programs can be operated without prior written approval of the
department.
(b) When the department
approves an application it will issue a letter of authorization to the operator
of an adult home, residence for adults or enriched housing program to provide
services to nonresidents of such facilities. The letter of authorization will
specifically refer to the ability of the operator to provide day program
services to nonresidents of such facilities. Such authorization is subject to
periodic review.
(c) When overnight
care is provided to nonresidents of adult homes, residences for adults or
enriched housing programs, the capacity of such facilities cannot exceed the
capacity authorized for such facilities.
(d) At the time of application to operate a
day program for nonresidents, the operator must submit to the department a
written description of the proposed 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
participants to be served during the day, evening and night;
(5) a description of how the participants'
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) the program's financial policies and
procedures;
(9) the program's
budget;
(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.
(e) The
facility must provide space, equipment and furnishings equivalent to those
required for the facility for each participant in a day program for
nonresidents. Space used by participants may be shared with that space required
for residents of adult homes and enriched housing programs according to
sections
487.11
and
488.11 of
this Title provided that such use does not interfere with the care and comfort
of such residents. The space set aside for day program services is subject to
department approval based upon the program proposal submitted by the
operator.
(f) Beds used for
nightcare participants must:
(1) be
specifically designated for the program; and
(2) must not be situated in a resident's
room.
(g) The number of
participants accepted for day program services must be limited as specified in
the program proposal submitted by the operator and approved by the
department.
(h) Space used for day
program services must be in an area specifically designated for resident
occupancy, or in an area which meets all environmental and fire safety
requirements for the facility.
(i)
The day program services provided to participants must be provided in a manner
which is consistent with the department's regulations concerning the applicable
facility, including regulations which set forth the rights of the residents of
such facility.
(j) Proposed changes
in a day program, including but not limited to substantial changes in the space
allocated for day program services and the utilization thereof, the extent and
type of services provided, and the number of participants, must be submitted to
the department in writing. Such changes must be made only upon the prior
written approval of the department.
(k) The operator of an adult home, residence
for adults or enriched housing program must not discontinue operation of a day
program for nonresidents without written notification to the department and
each participant in the program and the participant's caregiver or
representative, not less than 60 days prior to the date that services are
expected to be discontinued.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.