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 485.3 - Responsibility of government agencies
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 485.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The commissioner, acting directly or through local social services districts, and with the cooperation of other State agencies, shall have the authority and responsibility to:
(1) promote the development of sufficient and
appropriate residential care programs for dependent adults;
(2) prescribe and promulgate regulations,
standards, policies and procedures governing the establishment and operation of
adult-care facilities which assure the protection of the health, safety and
well-being of the residents in the least restrictive environment available and
which provide residents with the opportunity for maximum privacy, personal
development and independence;
(3)
authorize, through the issuance of operating certificates, qualified operators
to establish and operate adult-care facilities;
(4) approve, prior to endorsement by a
justice of the Supreme Court and filing with the Secretary of State,
certificates of incorporation or amendments thereto of not-for-profit
corporations which have among their purposes the establishment and operation,
or fundraising for the eventual establishment and operation, of any adult-care
facility subject to the jurisdiction of the department; and
(5) administer a system of supervision,
inspection and enforcement for adult-care facilities which assures compliance
with regulations and the maintenance of standards of care.
(b) The Offices of the Department of Mental Hygiene:
(1) shall join with the department in
the inspection of any adult-care facility, other than family-type homes for
adults, which cares for a significant number of mentally disabled persons, and
may, by mutual agreement with the department, participate when the number of
mentally disabled persons is less than significant or where the inspection and
supervision of family-type homes for adults is involved; and
(2) may propose additional standards to
protect the health, safety and well-being of mentally disabled persons. Such
standards may, with the approval of the department, be adopted and promulgated
as regulations by the department and shall apply to adult-care facilities which
care for a significant number of mentally disabled persons.
(3) For purposes of this Chapter, an
adult-care facility is considered to have a significant number of mentally
disabled persons when:
(i) for the purpose of
joint inspections with an Office of the Department of Mental Hygiene, the
resident population is composed of 25 percent or more persons released or
discharged from any facility operated or certified by an Office of the
Department of Mental Hygiene; or
(ii) for the purpose of requiring a written
agreement between an operator and a mental health service provider, 25 percent
or more of the resident population or 25 residents, whichever is less, have
been released or discharged from any facility operated or certified by an
Office of the Department of Mental Hygiene.
(c) Local social services districts.
The commissioner has delegated responsibility for the inspection and supervision of family-type homes for adults to the commissioner of the local social services district in which the facility is located. The commissioner of the local social services district shall perform such duties and make such reports regarding these facilities as are prescribed by the department.
(d) For the purposes of the assisted living program, the Department of Health will:
(1) propose and, with the approval of the
department, promulgate any standards deemed necessary to implement the assisted
living program; and
(2) coordinate
surveillance and enforcement efforts with the department.
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