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 488 - Adult Care Facilities Standards For Enriched Housing
Section 488.2 - Definitions
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 488.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) An enriched housing program means an adult care facility established and operated for the purpose of providing long-term residential care to five or more adults, primarily persons 65 years of age or older, in community-integrated settings resembling independent housing units. Such programs must provide or arrange for the provision of room, and provide board, housekeeping, personal care and supervision.
(b) For the purposes of this Part an enriched housing program will be considered to be serving persons primarily 65 years of age or older if no more than 25 percent of the residents are under 65 years of age and each resident is at least 55 years of age.
(c) The following additional definitions shall apply to facilities subject to the Justice Center as defined in paragraph (11) of this subdivision:
(1)
Abuse shall mean inappropriate physical contact with a
resident of an adult care facility while the resident is under the supervision
of the facility, which harms or is likely to harm the resident. Inappropriate
physical contact includes, but is not limited to, striking, pinching, kicking,
shoving, bumping and sexual molestation. Abuse shall, in
addition, include inappropriate use of restraints as defined
in this Part, and those actions incorporated within the definitions of
physical abuse,
sexual abuse,
psychological abuse,
deliberate inappropriate use of
restraints,
use of aversive conditioning,
obstruction of reports of reportable incidents, and
unlawful use or administration of a controlled substance all
as defined in section 488 of the Social Services Law. However, for
purposes of reporting, psychological abuse need not be supported by a clinical
assessment in order to be reported, so long as there is reasonable basis to
believe that such abuse has occurred.
(2)
Mistreatment shall mean
confinement, isolation, intimidation, abandonment or use of physical restraints
on a resident of an adult care facility while the resident is under the
supervision of staff. Mistreatment shall, in addition, include
those actions incorporated within the definition of neglect
set forth in section 488 of the Social Services Law.
(3)
Neglect shall mean the
failure to provide timely, consistent, safe, adequate and appropriate services,
treatment and/or care to a resident of an adult care facility while the
resident is under the supervision of the facility, including but not limited
to: personal care, nutrition, medication, therapies, sanitary clothing and
surroundings, and activities of daily living. Neglect shall,
in addition, include those actions incorporated within the definition of
neglect set forth in section 488 of the Social Services Law.
(4)
Misappropriation of
property shall mean the theft, unauthorized use or removal,
embezzlement or intentional destruction of the resident's personal property,
including but not limited to money, clothing, furniture, appliances, jewelry,
works of art and such other possessions and articles belonging to the resident,
regardless of monetary value.
(5)
Reasonable cause shall mean that, upon review of the
circumstances, there is sufficient evidence for a person to believe that
physical abuse, mistreatment, neglect or misappropriation of resident property
has occurred.
(6)
Reportable incident shall include abuse, mistreatment,
neglect, misappropriation of property, and significant incident as defined in
this Part.
(7)
Justice
Center shall mean the Justice Center for the Protection of People with
Special Needs, as established pursuant to chapter 501 of the Laws of
2012.
(8)
Significant
incident shall mean an incident, other than an incident of abuse or
neglect, that because of its severity or the sensitivity of the situation may
result in, or has the reasonably foreseeable potential to result in, harm to
the health, safety or welfare of a person receiving services and shall include
but shall not be limited to:
(i) conduct
between persons receiving services, or between such persons and third parties
other than a custodian, that would constitute abuse if committed by a
custodian; or
(ii) conduct on the
part of a custodian, which is inconsistent with a service recipient's
individual treatment plan or individualized educational program, generally
accepted treatment practices and/or applicable Federal or State laws,
regulations or policies and which impairs or creates a reasonably foreseeable
potential to impair the health, safety or welfare of a person receiving
services, including but not limited to:
(a)
unauthorized seclusion, which shall mean the placement of a
person receiving services in a room or area from which he or she cannot, or
perceives that he or she cannot, leave at will;
(b)
unauthorized use of
time-out, which shall mean the use of a procedure in which a person
receiving services is removed from regular programming and isolated in a room
or area for the convenience of a custodian, or as a substitute for programming
but shall not include the use of a time-out as an emergency intervention to
protect the health or safety of the individual or other persons;
(c) except as provided for in paragraph (13)
of this subdivision, the administration of a prescribed or over-the-counter
medication, which is inconsistent with a prescription or order issued for a
service recipient by a licensed, qualified health care practitioner, and which
has an adverse effect on a service recipient. For purposes of this paragraph,
adverse effect shall mean the unanticipated and undesirable
side effect from the administration of a particular medication which
unfavorably affects the well-being of a service recipient;
(d)
inappropriate use of
restraints, which shall mean any use of a restraint; or
(iii) any other conduct identified
in regulations of the State oversight agency, pursuant to guidelines or
standards established by the executive director.
(9)
Custodian means a
director, operator, employee or volunteer of a facility or provider agency as
defined in section 488 (4) of the Social
Services Law; or a consultant or an employee or volunteer of a corporation,
partnership, organization or governmental entity which provides goods or
services to a facility or provider agency pursuant to contract or other
arrangement that permits such person to have regular and substantial contact
with individuals who are cared for by the facility or provider
agency.
(10)
Department shall mean the New York State Department of
Health.
(11)
Facility
subject to the Justice Center shall mean enriched housing programs
having a capacity of 80 or more beds, and in which at least 25 percent of the
residents are persons with serious mental illness as defined by section 1.03 (52) of the Mental
Hygiene Law, but not including an enriched housing program which is authorized
to operate 55 percent or more of its total licensed capacity of beds as
assisted living program beds.
(12)
Psychological abuse shall mean any verbal or nonverbal conduct
that is intended to cause a patient emotional distress.
(i) Examples include, but are not limited to,
teasing, taunting, name calling, threats, display of a weapon or other object
that could reasonably be perceived by the patient as a means of infliction of
pain or injury, insulting or coarse language or gestures directed toward a
patient which subjects the patient to humiliation or degradation, violation of
patient rights or misuse of authority.
(ii) In order for a case of psychological
abuse to be substantiated after it has been reported to the Justice Center, the
conduct must intentionally or recklessly cause, or be likely to cause, a
substantial diminution of a patient's emotional, social or behavioral
development or condition, supported by a clinical assessment performed by a
physician, psychologist, psychiatric nurse practitioner, licensed clinical or
master social worker or licensed mental health counselor. Psychological abuse
must be reported to the Justice Center, and will be considered to constitute a
reportable incident, whenever there are reasonable grounds to believe it has
occurred, even if it has not yet been supported by a clinical
assessment.
(13)
Unlawful use or administration of a controlled substance shall
mean any administration by a custodian to a service recipient of: a controlled
substance as defined by article 33 of the Public Health Law, without a
prescription; or other medication not approved for any use by the Federal Food
and Drug Administration. It also shall include a custodian unlawfully using or
distributing a controlled substance as defined by article 33 of the Public
Health Law, at the workplace or while on duty, and administration inconsistent
with the requirements of section
487.7 of this
Part.
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