Current through Register Vol. 46, No. 39, September 25, 2024
(a) General.
(1) The family care provider or providers, as
identified on the operating certificate, shall live in and be responsible for
the operation and management of the family care home.
(2) The family care provider shall
participate with residents and program sponsors in planning treatment for each
resident.
(3) The family care
provider must provide a home-like, family living environment for residents and
ensure that each resident is involved in family activities.
(b) Regulatory compliance. The
family care provider shall assist the Office in carrying out its regulatory
functions by:
(1) complying with the
provisions of this Part, the Mental Hygiene Law, and all other applicable laws
and regulations;
(2) making all
reports as required by the commissioner with respect to family care home
operations; and
(3) cooperating
with the commissioner in any investigation or inspection of the family care
home.
(c) Resident
rights. Family care providers must ensure that residents are able to freely
exercise their rights by:
(1) ensuring
residents have the right to a reasonable degree of privacy;
(2) ensuring that residents are given
reasonable opportunity to have visitors and to visit outside the family care
home;
(3) allowing residents to
communicate freely and privately by letter or telephone without
censorship;
(4) providing
recreation and cultural activities for residents;
(5) providing a place that is suitable for
private, confidential consultation or examination between the resident and
visiting program sponsor/clinical program representatives;
(6) maintaining confidentiality of all health
and personal information regarding residents, including his or her mental
health history, financial information, residential service plan, and
communications with treatment staff;
(7) assisting residents in developing greater
independence and self confidence so they may move to other living arrangements
when appropriate; and
(8) ensuring
each resident's right to attend religious services of choice or not to
participate in religious activities if he or she so chooses.
(d) Prohibited actions. The
following actions are prohibited in family care homes:
(1) the use of restraint of any form
(physical, mechanical, or drug used as a restraint) on a resident;
(2) locking a resident in his/her room, or
otherwise preventing a resident from leaving his/her room or other confined
area;
(3) physically, verbally, or
emotionally abusing a resident;
(4)
exploiting the resident in the performance of chores or work activities in the
home against the resident's will; and
(5) exploitation or misuse of the resident's
funds by any person living in the family care home.
(e) Health and medical care.
(1) The family care provider must participate
with the program sponsor in arranging for routine and emergency medical and
dental care, and must provide first aid care for residents in the
home.
(2) Family care providers
must assist residents in the administration of medication as directed by
program sponsor personnel.
(3) The
nutrition needs of residents must be met as follows:
(i) Family care providers must provide three
well-balanced and nourishing meals, and appropriate snacks for each resident
every day following dietary recommendations made by the program sponsor. When
special diets are prescribed for residents, the family care provider shall
provide and supervise these diets.
(ii) The family care provider shall ensure
that persons residing in the home routinely eat meals together as a family
unit.
(iii) The family care
provider shall ensure that residents occasionally have the opportunity to eat
meals elsewhere.
(f) Activities of daily living. The family
care provider shall ensure the daily living activities of residents are met as
follows:
(1) Family care providers shall
assist residents, as necessary, in personal hygiene and the activities of daily
living.
(2) Family care providers
shall assist each resident, as necessary, in maintaining an adequate supply of
clean clothing and toilet articles for daily use.
(g) Recreational and social needs. The family
care provider shall ensure the recreational and social activities of the
residents are met as follows:
(1) The family
care provider shall ensure that the family care home has a supply of recreation
and leisure time materials available.
(2) The family care provider shall arrange
for, and encourage, residents to participate in periodic recreational and
social activities in the community according to each resident's
abilities.
(h)
Supervision of residents. The family care provider shall participate with the
program sponsor to determine and plan the amount and kind of supervision to be
provided for each resident.
(i)
Transportation. The family care provider shall cooperate with the program
sponsor in arranging for the transportation of residents to programs, schools,
religious, social, and recreational activities, medical and dental appointments
and any other necessary appointments. Family care providers must have suitable
arrangements for emergency transportation. When no other arrangements can be
made, the family care provider will be responsible for all necessary
transportation of residents.
(j)
Insurance. The family care provider must maintain adequate automobile and
household insurance protection.
