Current through Register Vol. 46, No. 39, September 25, 2024
(a) The operator
of an enriched housing program must provide, through its employees and agents,
an organized 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 must operate and maintain the enriched housing program in compliance
with the regulations of the department and with applicable statutes and
regulations of other State agencies and local governmental
jurisdictions.
(c) Nothing
contained within this Part, or Parts 485 and 486 of this Title, prohibits an
operator from exceeding the requirements of this Part.
(d) An operator must afford any officers,
duly authorized employees or agents of the department access at any time to the
residents, grounds, and buildings and any records relating to resident care and
services.
(e) The operator of an
enriched housing program issued an operating certificate by the department must
maintain, make available for inspection and submit such statistical, financial
or other information, records or reports, relating to the enriched housing
program as the department may require.
(f)
Waivers.
(1) Upon request by the operator, the
department may waive nonstatutory requirements of this Part and may permit an
operator to establish another method of achieving the intended outcome of the
waived regulation.
(2) An operator
must request and receive written approval from the department prior to
instituting any alternative to the requirements of this Part. Applications for
waivers must be submitted in writing to the appropriate regional office of the
department and must include:
(i) the specific
regulations for which a waiver is sought;
(ii) the reasons 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.
(3) The
department may require that the operator make physical plant modifications or
adopt special methods or procedures to protect resident health and safety and
will grant written approval of an application for a waiver only upon
determining that the proposed waiver will not adversely affect the health,
safety and well-being of residents.
(4) The department must make a determination
on a request for waiver within 90 days of receipt of all required information
from the operator.
(5) Failure to
adhere to the terms of the approved waiver will result in recision of the
approval and imposition of penalties for the applicable regulation which is
being violated.
(6) 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.
