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 490 - Standards For Residences For Adults
Section 490.10 - Records and reports
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 490.10
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The operator must collect and maintain such information, records, or reports as determined by the department to be necessary.
(b) The department may examine the books and records of any facility to determine the accuracy of the annual financial statement or for any other reason deemed appropriate by the department to effectuate the purposes of these regulations.
(c) Resident records.
(1) The operator must maintain complete,
accurate and current records for each resident.
(2) Such records must be maintained in the
facility and must be available for review and inspection by staff of the
department or by designees of the department.
(3) Records must be maintained in a manner
which assures resident privacy and accessibility to staff to use in the
provision of routine and emergency services.
(4) The operator must maintain:
(i) financial records for each resident which
contain at a minimum a copy of the current admission agreement, documentation
of the status of the resident's payment account, and personal fund account and
a current inventory of any personal property held in custody for the resident
by the operator;
(ii) personal
records for each resident which contain at a minimum personal data, including
identification of the resident's next of kin, family and sponsor; the name and
address of the person or persons to be contacted in the event of an emergency;
copies of the residents' medical and mental health evaluations, the screening
and assessments, the individual service plans, schedules and records of paid or
volunteer work, if any, and such other correspondence and papers as are
available to document the physical and mental status and socialization skills
of the resident; and
(iii) records
which are readily available to food service staff to enable staff to plan for
and accommodate prescribed dietary regimens, allergies and individual food
preferences.
(d) Facility records.
(1) The operator must maintain complete,
accurate and current records which document operation and maintenance of the
facility in accord with applicable law and regulation.
(2) Such records must be maintained in the
facility, unless written authorization is given by the department for record
retention in another location, and must be available for review and inspection
by staff of the department or by designees of the department.
(3) Records must be maintained in a manner
which assures an individual resident's rights to confidentiality and
privacy.
(4) At a minimum the
operator must maintain:
(i) the individual
resident records referred to in subdivision (c) of this section;
(ii) resident records referred to elsewhere
in these regulations including daily census reports and incident
reports;
(iii) a chronological
admission and discharge register consisting of a listing of residents
registered in and discharged from the facility by name, age, sex of resident,
and place from or to which the resident is registered or discharged;
(iv) program records, including service
procedures, activities schedules, agreements with external service providers,
emergency plans and records of evacuation drills;
(v) food service records, including menus and
food purchase records;
(vi) records
of maintenance of the physical plant and environmental standards;
(vii) staff records, including personnel
procedures, job descriptions, staffing schedules, identification of individual
employees, including social security numbers, and payment records;
(viii) certificates or reports issued by
local and other State jurisdictions related to the facility operations, on file
and readily accessible for department review, or posted, if required;
and
(ix) records documenting the
development, implementation and, at a minimum, the bi-annual updating of plans
for quality assurance activities for each area of facility operation. These
must include, at a minimum, the development and maintenance of performance
standards including infection control, measurement of adherence to such
standards and to applicable state and local laws and regulations,
identification of performance failures, design and implementation of corrective
action. Each plan must also include the creation of a quality improvement
committee that is charged with meeting periodically, at least once every six
months, to review summary findings from monitoring implementation of the
facility's plan, evaluating the effectiveness of corrective action policies,
and identifying trends and improvement activities. While reviewing facility
performance, the committee shall not examine personally identifiable resident
incidents. Such committee shall include the administrator or operator of the
facility, the resident council president or other resident representative, and
representatives from frontline employees from each area of
operation.
(e) Facility reports.
(1) The operator of a
residence for adults must file an Annual Financial Statement (DSS-2963) with
the department on or before the 15th day of the sixth calendar month after the
close of its fiscal year. Such statement must clearly set forth all financial
information pertaining to the operation of such facility in accordance with
generally accepted accounting principles, including but not limited to revenues
and expenses by categories during such fiscal year, together with such other
information as may be required by the department. For all facilities with a
capacity of 10 or more residents, the financial statement must be accompanied
by an opinion signed by an independent licensed accountant that such financial
statement represents the financial operations and position of the
facility.
(2) The operator of a
not-for-profit residence for adults which submits a charitable organization
annual report to the Secretary of State or a residential health care facilities
annual report to the Department of Health may submit copies of those reports,
together with such other data as may be necessary to satisfy the requirement in
paragraph (1) of this subdivision.
(3) The operator must maintain and make
available all such books and records as may be required by the department to
determine the accuracy of any and all information contained in the financial
report filed by the operator.
(4)
The operator must submit a quarterly statistical information report to the
department.
(f) Mandated forms. The following forms must be utilized by operators of residences for adults:
(1) Personal Data Sheet
(DSS-2949);
(2) Daily Census Record
(DSS-2900);
(3) Incident Report
(DSS-3123);
(4) Medical Evaluation
(DSS-3122);
(5) Inventory of
Resident Property (DSS-3027);
(6)
The following personal allowance account forms must be used unless prior
written authorization for substitutions has been given by the department:
(i) Statement of Offering
(DSS-2853);
(ii) Personal Allowance
Summary (DSS-2855); and
(iii)
Personal Allowance Ledger.
(g) The operator must post the following documents:
(1) the operating
certificate;
(2) the inspection
report for the most recent complete or summary inspection, with any related
follow-up inspection reports;
(3)
the statement of rights of residents;
(4) weekly menus;
(5) monthly activities schedules;
(6) evacuation procedures;
(7) notice prohibiting employee acceptance of
remuneration, tips or gratuities;
(8) the times residents may have access to
their personal allowance accounts; and
(9) procedures for presenting grievances and
recommendations.
(h) Records retention.
(1) Records required by
the department, excepting financial records of the previous operator, must be
retained in the facility upon change of operator.
(2) Records relating to an individual must be
retained at the facility for three years after the death or discharge of a
resident.
(3) Program records,
facility fiscal records and records relating to application for or renewal of
an operating certificate must be retained at the facility for seven
years.
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