Current through Register Vol. 46, No. 39, September 25, 2024
(d)
Operational plan.
For emergency shelters within the scope of this section,
the operational plan must provide all of the following information concerning
the facility:
(1) name and location of
the facility;
(2) name and address
of the entity which will operate the facility;
(3) names, addresses and occupations of the
members of the board of directors, if the operator is a corporation;
(4) name and address of the owner of the land
and premises, if other than the operator;
(5) financial resources and sources of future
revenue of the facility;
(6) a
financial statement for the shelter's most recently completed fiscal year, if
any;
(7) a proposed one year
budget, including estimated income and expenditures, on forms and in a manner
prescribed by the office. Such proposed budget must set forth the amount
reasonable and necessary to operate and maintain the shelter;
(8) the emergency shelter's policies and
procedures;
(9) admissions
policies;
(10) policies ensuring
access by legal representatives and legal counsel to their clients who are
residents of the facility;
(11) in
shelters for families with children, policies and procedures for providing
needed care, services and support of children and families consistent with
applicable regulations;
(12) in
shelters for families with children, arrangements for facilitating school
attendance by school-age children residing in the facility, including any
necessary transportation arrangements;
(13) plan for health services, including
evidence of any arrangement with a fully accredited medical institution or
clinic for the referral of resident families for emergency treatment. In
addition, if medical supplies are to be stored at the facility or refrigeration
is to be provided for personal medical supplies of residents, the arrangements
for safekeeping and refrigeration of such medical supplies must be
specified;
(14) procedures for
assisting residents in making application for public benefits such as, but not
limited to, public assistance, medical assistance, the supplemental nutrition
assistance program, Supplemental Security Income, title XX or child welfare or
unemployment benefits;
(15)
facility staffing schedules and a description of each position, including job
duties, and qualifications;
(16)
plan for staff training including training concerning the emergency and
disaster plan for the facility and fire safety;
(17) bathroom arrangements, including the
number of toilets, sinks, showers and bathtubs and, where appropriate, the
facility's provision for the bathing and changing of infants and young
children;
(18) food service
arrangements. If a food service provider is used, written evidence of such
arrangement must be included. If food is prepared onsite provide the number of
refrigerators, stoves, and microwaves. A description of the dining area and the
number of chairs, tables and seating must also be included;
(19) physical structure, including land,
buildings and equipment, certificate of occupancy and building descriptions
including type of construction, planned renovations, and room layouts with
dimensions;
(20) fire safety
measures and emergency and disaster plan;
(21) resident capacity;
(22) resident rules and rights;
(23) procedures for handling involuntary
discharges or transfers;
(24)
description of any other programs that are operating in the building and copies
of the applicable licenses and certifications;
(25) procedures and environmental safeguards
designed to ensure the well-being and safety of residents if the shelter
facility is located in the same building or on the same premises where another
program is or will be operated; such procedures must indicate the circumstances
under which common staff or joint services will be utilized; and procedures for
safeguarding the confidentiality of medical records concerning residents of the
shelter;
(26) procedures for
informing residents of their rights as residents and a listing of said
rights;
(27) facility leave and
absence policy;
(28) a description
of the community services available to the shelter population including public
transportation, parks and recreation areas, medical and mental health services,
restaurants and stores;
(29)
procedures for advising residents of the conduct or activities for which
temporary housing assistance may be discontinued as provided in section
352.35
of this Part;
(30) procedures which
describe the facility's responsibilities in relation to the social services
district's requirements for discontinuing temporary housing assistance,
including notification to the social services district of acts which may be
grounds for the discontinuance of temporary housing assistance;
(31) procedures for providing shelter
residents with services which include at a minimum: necessary medical
referrals; assistance with obtaining permanent housing; assistance with
securing necessary supportive social and mental health services including but
not limited to psychiatric and alcohol abuse services; assistance with securing
employment assessments, job training placements, educational opportunities; and
information and referral services for community agencies and programs whose
services might assist residents to return to permanent housing. If any of these
services are provided off site, the name, location, contact information, and
description of the service provider must be included;
(32) a plan for the shelter to provide
security and help ensure the physical safety of residents and staff, as
required by section
352.38
of this Part;
(33) procedures for
handling and documenting individual emergencies, including arranging for
medical care or other emergency services, maintaining records of any special
medical needs or conditions, the prescribed regimens to be followed, and the
names and phone numbers of medical doctors to contact should an emergency arise
concerning these conditions;
(34)
procedures for handling resident complaints and grievances; and
(35) such other information as may be
requested by the office.
(e)
Submission and approval.
(1) The social services district must submit
a proposed operational plan for each emergency shelter addressed by this
section in writing to the office no less than 45 days before planned use of a
facility as an emergency shelter or 120 days from the date this regulation
becomes effective for emergency shelters currently in operation.
(2) An operational plan will be approved only
when it is established that the facility will be operated in accordance with
the operational plan and all applicable laws and regulations.
(f) An operational plan approved
by the office under this section will remain in effect for a maximum period of
five years. No later than 60 days prior to the expiration of an operational
plan, the social services district must submit on forms and in the manner
prescribed by the office, a request to renew the approval of the operational
plan. Such request must include appropriate financial data; any proposed new,
or changes to existing, contracts; any proposed revisions to leases or rental
agreements; documentation that the facility is in compliance with applicable
State and local laws, regulations, and codes; and information regarding any
other changes being proposed to the current operational plan. The social
services district may request an extension of the 60-day period in order to
submit appropriate financial data, and the office may grant one extension, not
to exceed six months. If an extension is granted, the office may either
continue reimbursement at the approved rate or establish an interim per diem
rate. State reimbursement may not exceed these per diem rates, and will
continue until such time as either the appropriate financial data is submitted
and the operational plan is approved, or operational plan approval by the
office is withdrawn or expired.
(h) In the event that an
operator elects to close an emergency shelter falling within the scope of this
section:
(1) the social services district
shall notify the office in writing at least 120 days prior to the anticipated
closure;
(2) such written notice
shall include a proposed plan for closure. The plan shall be subject to office
approval and shall include timetables and shall describe the procedures and
actions the operator will take to:
(i) notify
residents of the closure, including provisions for termination of admission
agreements and involuntary discharge;
(ii) assess the needs and preferences of the
individual residents;
(iii) assist
residents in locating and transferring to appropriate alternative settings;
and
(iv) maintain compliance with
the office's regulations until all residents have relocated.
(i) For costs incurred
by a facility that begins operation after the effective date of this Part,
reimbursement may be available from the date the social services district
submits its proposed operational plan provided:
(1) the facility is operational at the time
the plan is submitted or within 45 days after the date of submittal;
(2) if the office has requested additional
information, the social services district submits such information within 30
days; and
(3) the operational plan
is fully approved no later than one year from the date the social services
district submits its proposed operational plan or a lesser time period as
specified by the office.
