Current through Register Vol. 46, No. 12, March 20, 2024
(a) Operators of
shelters for adults, small-capacity shelters and shelters for adult families
shall collect and maintain such information, records or reports as determined
by the office to be necessary.
(b)
Operators of shelters for adults, small-capacity shelters and shelters for
adult families shall supply and provide access to such information and records
in such form and at such times as the office shall determine.
(c) No substitute for office forms may be
made without prior written approval of the office.
(d) The office may request from any other
State or local agency including, but not limited to, the office of Children and
Family Services, the office of Mental Health, and the Department of Health, and
such other State or local agency shall furnish, such information as the office
may require for the proper performance of its duties.
(e) Other State offices or agencies may
request such information as that office or agency may require for the proper
discharge of its duties. Such offices and agencies shall safeguard the
confidentiality of such information, records and reports in the same manner as
the office.
(f)
Confidentiality.
(1) Officers or
employees of the office shall maintain the confidentiality of facts and
information obtained as the result of any inspection or investigation of a
facility.
(2) Operators must
maintain the confidentiality of facts and information obtained and retained as
part of individual resident records. No facts and information retained as part
of individual resident records may be released to anyone other than the
resident, the next of kin or authorized representatives of the resident, or an
employee or designee of the office without the written permission of the
resident, provided that confidential HIV-related information concerning
residents must be maintained in accordance with section 491.20 of this
Part.
(3) Operators must maintain
confidential HIV-related information concerning employees, volunteers,
applicants for employment and prospective residents in accordance with section
491.20 of this Part.
(g)
Resident records.
(1) Resident
records shall be maintained in a manner which assures resident privacy and
accessibility to staff to use in the provision of routine and emergency
services.
(2) The operator shall
maintain personal data which includes resident identification and
identification of next of kin or representative, if known.
(3) The operator shall maintain documentation
of the status of any resident's accounts and of valuables held in custody for
the resident.
(h)
Facility records.
(1) The
operating certificate issued by the office pursuant to section
491.4 of this
Part must be conspicuously posted in a publicly accessible area within the
facility, and the operational plan approved by the office must be maintained at
the facility and made available for review and inspection by facility residents
and visitors.
(2) The operator
shall maintain complete, accurate and current records which document operation
and maintenance of the facility in accord with applicable laws, regulations,
and codes.
(3) These records shall
be maintained in the facility, unless written authorization is given by the
office for record retention in another location, and shall be available for
review and inspection by office staff and designees.
(4) At a minimum, the operator shall
maintain:
(i) resident records as required in
subdivision (g) of this section;
(ii) resident records required elsewhere in
these regulations, including daily census reports and incident
reports;
(iii) program records,
including service procedures, agreements with external service providers,
emergency plans and records of evacuation drills;
(iv) records of maintenance of the physical
plant and environmental standards;
(v) staff records, including personnel
procedures, job descriptions for the administrator and resident services staff,
current staffing schedules and payment records; and
(vi) certificates or reports issued by local
and other State jurisdictions related to the facility operations. Such
certificates shall be posted if required; otherwise, such certificates or
reports shall be kept on file and readily accessible for office
review.
(i)
Forms.
Records that must be retained by the operator of a shelter
for adults, a small-capacity shelters or a shelter for adult families, and
records that must be submitted by the operator of such a facility to the
office, shall be maintained on forms and in a manner prescribed by the
office.
