Current through Register Vol. 46, No. 39, September 25, 2024
(a) The operator
of a residence for adults must provide, through his/her 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 must operate and
maintain the facility in compliance with the regulations of the department and
with applicable statutes and regulations of other State agencies and local
jurisdictions.
(c) Nothing
contained within this Part, or Parts 485 and 486 of this Title, prohibits an
operator from exceeding the requirements of these regulations, consistent with
the definition of a residence for adults.
(d) An operator must afford any officer or
duly authorized employee or agent 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
residence for adults 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 facility as the
department may require.
(f)
(1) The capacity of a residence for adults is
limited to 200 beds.
(2) This
limitation does not apply to an adult care facility certified for a larger
capacity before the effective date of these regulations, except that no
additional increases in capacity will be authorized for such a
facility.
(g)
(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. An operator must request and receive written approval from
the department prior to instituting any alternatives to this Part. Applications
for waivers must be submitted in writing to the appropriate regional office of
the department. An application must include:
(i) the specific regulation(s) for which a
waiver is sought;
(ii) the
reason(s) the waiver is necessary;
(iii) a description of what will be done to
achieve or maintain the intended outcome of the regulation(s) 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 will grant written
approval of an application for a waiver only upon determining that the proposed
waivers will not adversely affect the health, safety and well-being of
residents.
(3) The department must
make a determination on a request for a waiver within 90 days of receipt of all
required information from the operator.
(4) Failure to adhere to the terms of the
approved waiver will result in recission of the approval and imposition of
penalties consistent with section
486.7(f)
of this Title.
(5) 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.
