Current through Register Vol. 46, No. 39, September 25, 2024
(a) This
section shall apply to all transitional adult homes.
(b)
Definitions.
(1) A transitional adult
home is an adult home with a certified capacity of 80 beds or more in
which 25 percent or more of the resident population are persons with serious
mental illness as defined in section
487.2(c)
of this Part.
(2) An
alternative community setting is any setting other than a
transitional adult home that is designed to promote independence and economic
self-sufficiency. Alternative community settings include, but are not limited
to:
(i) supported housing, including
scattered site apartments and single site apartments;
(ii) supported single room
occupancy;
(iii) supportive
housing, including community residence single room occupancy;
(iv) community residences;
(v) apartment treatment;
(vi) senior housing;
(vii) enriched housing programs;
and
(viii) such other housing
alternatives as are clinically appropriate.
(3)
Community services means
services and supports provided in New York State that assist individuals with
mental illness to live in the community. Such services and supports include,
but are not limited to, assertive community treatment, intensive case
management, case management, personalized recovery oriented services,
continuing day treatment and Medicaid benefits for which a resident is
eligible, including home and community based services waivers, clinic services,
certified home health care, personal care assistance, and rehabilitative
services.
(4)
Mental health
census means the number of residents in a facility who are persons
with serious mental illness as defined in section
487.2(c)
of this Part.
(5)
(i)
Housing contractors
means housing providers that have contracted with the Office of Mental Health
to provide residents with information regarding housing alternatives and
community services, assess residents to determine their housing and service
needs and preferences, and make community housing available to residents
pursuant to such contracts.
(ii)
Peer bridger agencies mean agencies that have contracted with
the Office of Mental Health to provide residents with access to peer bridgers.
Peer bridgers are individuals employed by, or whose services have otherwise
been retained by, peer bridger agencies, and who use their training and
experience to provide mentoring and support to residents considering community
transition.
(6)
Community transition coordinator means a contractor retained
by the department to facilitate the transition of residents to alternative
community settings.
(c)
The operator of every transitional adult home shall submit to the department a
compliance plan that is designed to bring the facility's mental health census
to a level that is under 25 percent of the resident population over a
reasonable period of time, through the lawful discharge of residents with
appropriate community services to alternative community settings.
(d) The compliance plan shall be submitted by
the deadline set forth in subdivision (e) of this section and shall specify:
(1) how and by when the operator will achieve
a mental health census that is under 25 percent of the resident
population;
(2) how the operator
will address the needs of its residents, in particular those residents who are
persons with serious mental illness as defined in section
487.2(c)
of this Part, while the reduction in mental health census is being achieved,
including but not limited to:
(i) fostering
the development of independent living skills;
(ii) ensuring access to and quality of mental
health services;
(iii) encouraging
community involvement and integration; and
(iv) fostering a homelike
atmosphere.
(e) The operator shall submit the compliance
plan no later than 120 calendar days after the effective date of this
regulation.
(f) The department, in
consultation with the Office of Mental Health, shall review each compliance
plan and within 90 calendar days, shall either:
(1) approve the compliance plan; or
(2) require modification of the compliance
plan by the operator. Any such modifications shall be submitted within 30
calendar days of notice by the department and shall be subject to the approval
of the department, in consultation with the Office of Mental Health;
(3) if the operator does not submit a
compliance plan, or submits a compliance plan that is not acceptable to the
department after modification, the department will impose a compliance plan on
the operator.
(g) Upon
approval of the compliance plan by the department, or, if no compliance plan is
submitted or approved, upon the imposition of a compliance plan on the operator
by the department, the operator shall implement the compliance plan.
(h) The operator shall cooperate with the
community transition coordinator, housing contractors, peer bridger agencies,
care managers, health homes, and managed long-term care plans and shall
provide, without charge, space for residents to meet privately with such
individuals or entities. The operator shall not attempt to influence or
otherwise discourage individual residents from meeting with such entities and
individuals.
(i) Space provided for
meetings with providers defined in this section shall be:
(1) a minimum of 160 square feet;
(2) above grade level;
(3) adequately lighted and ventilated and
meet the temperature requirements of subdivision (m) of section
487.11;
(4) with a door that closes to ensure
conversations held within the space are private and that outside disruptions
are minimized;
(5) space separate
and distinct from an occupied or reserved resident room or space used primarily
for storage; and
(6) space that is
not under surveillance by adult home staff.
(j) Upon request from the Department,
operators shall be required to submit a plan to the Department, in the form and
format prescribed by the Department, explaining how the operator will meet the
space requirements set forth in subdivision (i) of this section. Operators
shall have 30 calendar days to submit such plan from the date of the
Department's request. The operator shall implement the plan upon approval by
the Department.
