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 485.14 - Access to adult-care facilities

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 485.14

Current through Register Vol. 46, No. 39, September 25, 2024

(a) This section shall apply to all adult care facilities excluding shelters for adults, which are addressed in Part 491 of this Title.

(b) An operator shall not restrict or prohibit access to the facility by:

(1) family members, guardians, friends of an individual resident and legal representatives, legal counsels and case managers;

(2) individuals representing community organizations or service agencies who will provide, free of charge, a service or educational program to residents; or

(3) an employee or representative of any public or private not-for-profit corporation, community organization or association whose primary purposes for visiting include assisting residents in resolving problems and complaints concerning their care and treatment, and in securing adequate services to meet their needs. The operator shall make available an unrestricted common area of the facility for such visits.

(c) Such unrestricted access in common areas shall be permitted for at least 10 hours between 9 a.m. and 8 p.m. daily.

(d) The operator may require anyone seeking access to the facility to sign a visitor's register or like record but may not inquire as to the reason for the visit.

(1) Residents may have visitors at any time.

(e) The operator shall not interfere with confidential visits with residents and persons assured access under this section.

(f) Persons assured access under this section shall not enter the living area of any resident without identifying themselves to the resident, stating the purpose of the visit, and receiving the permission of the resident and the resident's roommate to enter the living area.

(g) A resident shall have the right to terminate or deny any visit from persons assured access under this section.

(h) Notwithstanding subdivision (a) of this section, the operator may restrict or prohibit access to the facility or interfere with confidential visits with residents by individuals who the operator has reasonable cause to believe would directly endanger the safety of such residents.

(i) If the operator denies access for reasonable cause, the operator shall:

(1) record a written statement of the incident, including the reasons for denial, the date and time and identification of the individuals involved;

(2) maintain the statement at the facility; and

(3) make such statement available upon request to the resident involved and persons denied access.

(j) If the operator of a facility denies access, the person denied access may bring an action in Supreme Court in the county in which the facility is located for an order granting such person access to such facility. If the court finds that such denial was made in bad faith, the operator of the facility shall be liable for all costs, including reasonable attorney's fees, and the court may, in its discretion, assess a civil penalty not to exceed $50 per day for each day such access was denied.

(k) Public or private not-for-profit corporations, community organizations or associations who wish to have their employees or representatives assured access to facilities, under paragraph (b)(3) of this section, shall register with the department. Corporate organizations shall file a copy of the certificate of incorporation; others shall file agency bylaws or a written statement of purposes, including a description of the services or assistance the organization intends to make available to residents.

(l) The department shall maintain a registry of such organizations and shall provide periodic notice of changes to operators.

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