New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 485 - General Provisions
Section 485.10 - Contracts
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 485.10
Current through Register Vol. 46, No. 39, September 25, 2024
(a) In the event that an operator contracts with a separate independent entity to perform any of the facility operations, the following conditions shall apply:
(1) The contractor shall demonstrate to the
satisfaction of the operator that the contractor is:
(i) financially stable; and
(ii) able, by reason of past performance or
like qualification, to perform the duties delegated by the operator.
(2) If required, the contractor
shall be certified by any appropriate local or State agency or unit of
government, and shall comply with said regulations. Documentation of such
certification and compliance shall be provided to the operator and shall be
available for inspection by the department staff or designees.
(3) The operator shall remain solely
responsible for compliance with department regulations and the operation of the
facility in compliance with all applicable laws and regulations.
(4) The contract shall:
(i) be in writing, dated and signed by all
parties;
(ii) include each party'
responsibilities and functions;
(iii) include all financial arrangements and
charges;
(iv) specify those powers
and duties delegated to the contractor by the operator;
(v) specify that the powers and duties not
delegated to the contractor remain with the operator;
(vi) stipulate that the operator retains the
authority to discharge any person working in the facility;
(vii) state the terms by which the contractor
may hire and discharge persons working in the facility;
(viii) require the contractor to comply with
all applicable provisions of law and regulations;
(ix) require the contractor to provide all
information required by the department, and to cooperate with the department in
carrying out inspection and enforcement activities;
(x) stipulate that the operator,
notwithstanding any other provisions of the contract, remains responsible for
operation of the facility in compliance with applicable law and regulations;
and
(xi) specify the terms of the
contract and the provisions governing renewal and termination prior to
expiration.
(5) A copy
of each contract shall be retained on file by the operator and shall be
available for inspection.
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