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 491 - Shelters For Adults
Section 491.3 - Operational plans
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A social services district may be reimbursed from State or State-administered grants or funds for costs incurred for shelter and services provided by a shelter for adults, a small-capacity shelter, or a shelter for adult families where such facilities are operated in accordance with both the requirements of this Part and with operational plans approved by the office pursuant to this section, and where such facilities have been issued operating certificates pursuant to section 491.4 of this Part. A separate operational plan must be submitted by the social services district for each shelter for adults, a small-capacity shelter or a shelter for adult families for which the social services district seeks reimbursement or makes payments to from State or State-administered grants or funds.
(b) Preliminary approval.
Prior to the submission of an operational plan for a shelter for adults, a small-capacity shelter, or a shelter for adult families, a social services district must obtain the preliminary approval of the office for the establishment of such facility. For acquisition, construction or operation of a new facility, a social services district must submit a request for preliminary approval prior to entering any binding commitments for the acquisition of the property, for construction, for financing or for operation of the facility. The office must advise the social services district in writing of its approval or disapproval of an application for preliminary approval within 30 days of receipt of the plan except if it determines that additional information is required, in which case the office must advise the social services district in writing within 30 days of receipt of the additional information of its approval or disapproval of the application.
(c) Operational plan requirements.
The operational plan for each shelter for adults, small-capacity shelter and shelter for adult families also shall detail the facility's plan for the proper protection of residents and staff in the event of an actual or threatened internal or external emergency or disaster which interrupts normal service, and shall describe, among other things:
To the extent that a shelter for adults, small-capacity shelters or shelter for adult families for which a social services district seeks reimbursement under this Part is unable to comply fully with these regulations, a social services district may include in the facility's operational plan a request for a waiver that may be approved at the discretion of the office. In approving any waiver request, the office may require that additional procedures be implemented to protect residents' health and safety. All waiver requests approved by the office pursuant to this section will remain in effect only for so long as the office determines appropriate, and the office may from time to time review waivers to determine whether they should be continued.
(d) Submission of operational plans.
(e) Duration.
An operational plan approved by the office will remain in effect for a maximum period of five years. An operational plan for a shelter for adults, small-capacity shelter or shelter for adult families located in the same building or on the same premises as a program requiring an operating certificate, license or permit issued by the office or any other State agency or department, however, will be considered approved only for so long as such other program has a valid operating certificate, license or permit but in no case longer than five years.
(f) Renewal.
No later than 60 days before the expiration of an operational plan, the social services district must submit on forms and in the manner prescribed by the office, a request to renew the approval of the operational plan. Such request must include appropriate financial data; any proposed new, or changes to existing, contracts; any proposed revisions to leases or rental agreements; documentation that the facility is in compliance with applicable State and local laws, regulations, and codes; and information regarding any other changes being proposed to the current operational plan. The social services district may request an extension of the 60-day period in order to submit appropriate financial data, and the office may grant one extension, not to exceed six months. If an extension is granted, the office may, subject to the approval of the Director of the Division of the Budget, continue reimbursement for costs found by the office to be reasonable. State reimbursement will continue until such time as either the appropriate financial data is submitted and the operational plan is approved, or operational plan approval by the office is withdrawn or expired.
(g) Revisions or changes to information.
Proposed revisions to an approved operational plan and any changes to the information contained therein must be submitted by the social services district to the office for approval prior to implementation. An operational plan for a shelter for adults, small-capacity shelter or shelter for adult families located in the same building or on the same premises as a program requiring an operating certificate, license or permit issued by any State agency or department must be revised if the operation of such other program ceases or if there is a change in the operating certificate, license or permit for such program. Proposed revisions are subject to the requirements of subdivision (c) of this section.
(h) Reimbursement before office approval.
For costs incurred by a shelter for adults, a small-capacity shelter or a shelter for adult families that begins operation after the effective date of this Part, reimbursement may be available from the date the social services district submits its proposed operational plan provided:
(i) Shelters operating before the effective date of these regulations.