Current through Register Vol. 46, No. 39, September 25, 2024
(a) The operator
of an adult home shall provide, through its employees and agents, an organized,
24-hour-a-day program of supervision, care and services which:
(1) meets the standards set forth in this
Part;
(2) assures the protection of
resident rights; and
(3) promotes
the social, physical and mental well-being of the
residents.
(b) The
operator shall operate and maintain the facility in compliance with the
regulations of the department and with applicable statutes and regulations of
other State and local jurisdictions.
(c) Nothing contained within this Part, or
Parts 485 and 486 of this Title, shall prohibit an operator from exceeding the
requirements of these regulations within the definition of an adult
home.
(d) An operator shall afford
any officers, duly authorized employee or agents or any designee of the
department access at any time to the residents, grounds, buildings and any
records relating to resident care and services.
(e) The operator of a facility issued an
operating certificate by the department shall maintain, make available for
inspection and submit such statistical, financial or other information, records
or reports, relating to the facility as the department may require.
(f)
(1) The
capacity of an adult home shall be limited to 200 beds.
(2) This limitation shall not apply to a
facility certified for a larger capacity before September 1, 1984, except that
no additional increases in capacity shall be authorized for such a
facility.
(g)
(1) Upon request by the operator, the
department may waive nonstatutory requirements of this Part. An operator must
request and receive written approval prior to instituting any alternative.
Applications for approval must be submitted in writing to the appropriate
regional office and shall include:
(i) the
specific regulation for which a waiver is sought;
(ii) the reason the waiver is necessary;
and
(iii) a description of what
will be done to achieve or maintain the intended outcome of the regulation and
to protect the health, safety and well-being of the residents.
(2) The department may require
that the operator make physical plant modifications or adopt special methods or
procedures to protect resident health and safety and shall grant written
approval only upon determination that the proposed waiver will not adversely
affect the health, safety and well-being of residents.
(3) Failure to adhere to the terms of the
approved waiver shall result in rescission of the approval and imposition of
penalties for the applicable regulation.
(4) During the period of a State disaster
emergency declared pursuant to section 28 of the Executive Law, the State
Commissioner of Health or their designee may suspend or modify any provision,
of parts thereof, of this Part, that is not otherwise required by State statute
or federal law, if compliance with such provisions, or parts thereof, would
prevent, hinder, or delay action necessary to cope with the state disaster
emergency, or if necessary to assist or aid in coping with such disaster. Such
suspension or modifications may include any modifications of regulation,
exceptions, limitations or other conditions as the Commissioner or their
designee deems appropriate and necessary to respond to the disaster emergency.
Provided, further, that should the Governor declare a State disaster emergency
pursuant to section 28 of the Executive Law, which suspends or otherwise
modifies state statutes pursuant to the Governor's authority under section 29-a
of the Executive Law, the Commissioner or their designee may suspend or modify
any provision of any regulation that is consistent with the statutory authority
as modified or suspended, for the period of such suspension or
modification.
