N.Y. Comp. Codes R. & Regs. Tit. 18 § 492.5 - Admission and discharge policies
(a) The operator must admit to the program
only those persons 18 years of age and older who are not residents of an adult
home, residence for adults or enriched housing program who, by reason of
social, physical and/or mental dependencies require the services provided by a
nonresident services program in order to remain in or return to the
community.
(b) The operator must
give admission priority to persons who:
(1)
require supervision in order to live in the community; or
(2) need assistance with activities of daily
living in order to remain in the community; or
(3) are socially isolated or disoriented and
need opportunities for social interaction to prevent deterioration that would
lead to placement in congregate facilities; or
(4) are in transition from a higher level of
care; or
(5) are in danger of being
neglected or abused by a caregiver or have needs which the caregiver is unable
to meet; or
(6) are receiving
services as part of a protective services for adults program.
(c) The operator of an adult home,
residence for adults or enriched housing program must not admit or retain in
the nonresident services program any person who would be inappropriate for
admission to the facility.
(d)
Prior to admission, the program director must interview the applicant and the
applicant's caregiver or representative, if any. The interview must provide the
director with information on the general health characteristics, psychosocial
condition, and nutritional habits of the applicant, and his/her home support
system and care needs. The interview must acquaint the applicant and caregiver
or representative with the services and activities offered by the
facility.
(e) At admission, the
participant must obtain and provide to the operator a written, dated and signed
report from the participant's physician, stating:
(1) that the physician has physically
examined the participant within the last 30 days;
(2) a current list of medications and
treatments provided to the participant by community providers;
(3) the needs of the participant for
assistance with self-administration of medication;
(4) the dietary needs of the
participant;
(5) the assistance
needed in the activities of daily living;
(6) any contraindications or limitations to
the individual's participation in program activities.
(f) Every six months, beginning on the date
of admission to the program, the participant must obtain and provide to the
operator a written, dated and signed statement from the participant's physician
indicating changes in the participant's needs for assistance with
self-administration of medication. If there are no changes in such needs, the
statement required by this subdivision must so indicate.
(g) The operator must enter into a written
agreement with the participant. The agreement must specify the basic services
to be provided to the individual by the operator, the charges for these
services, and the obligations of the participant, the participant's
representative and the caregiver. The agreement must also contain a statement
of the operator's refund policies.
(h) The participant and caregiver or
representative must receive a copy of the written agreement.
(i) When a participant is involuntarily
discharged from the program, the operator must provide at least 72 hours prior
written notification to the participant and caregiver or representative. The
notification must state the date of the notice, the date of discharge and the
reason(s) for discharge.
(j) The
notice required by subdivision (i) of this section may be disregarded when a
participant develops a serious physical or mental dysfunction which constitutes
an immediate and present danger to himself/herself or others.
Notes
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