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 494 - Assisted Living Program
Section 494.3 - General provisions

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 494.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The operator of an assisted living program must provide, through its 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) If an assisted living program is not a certified home health agency or long-term home health care program, the assisted living program must contract with a certified home health agency or long-term home health care program for the provision of nursing and therapy services. An assisted living program must contract with no more than one certified home health agency or long-term home health care program, provided, however, that the commissioner and the Commissioner of the Department of Health may approve additional contracts for good cause shown, which may include, but need not be limited to, satisfactory documentation that an additional contract or contracts are necessary in order to provide, as reasonably projected by the assisted living program, the volume of services, or the type of services, or where the assisted living program has been approved to operate at more than one site.

(c) The operator must document that the operator has entered into written agreement(s) with one or more nursing facilities for the transfer of eligible individuals no longer appropriate for continued residence in the assisted living program.

(d) The operator must operate and maintain the program in compliance with the regulations of the department and with applicable statutes and regulations of Federal, State and local jurisdictions.

(e) The operator must afford any officers or duly authorized employees or agents of the department or the Department of Health access at any time to the residents, grounds, buildings and any records relating to resident care and services.

(f) The operator must maintain, make available for inspection and submit such statistical, financial or other information, records or reports, relating to the facility as the department or the Department of Health may require.

(g)

(1) Upon request by the operator, the department may waive nonstatutory requirements of this Part. An operator must request and receive written approval prior to operating in accordance with any waiver. Applications for a waiver must be submitted in writing to the appropriate regional office of the department and must include:
(i) the specific regulation for which a waiver is sought;

(ii) the reason the waiver is necessary; and

(iii) a description of what will be done to achieve or maintain the purpose of the regulation to be waived and to protect the health, safety and well-being of the residents.

(2) Before granting a waiver, the department may require that the operator make physical plant modifications or adopt special methods or procedures to protect resident health and safety and must grant written approval of a waiver request only after making a determination that the proposed waiver will not adversely affect the health, safety and well-being of the residents.

(3) Failure to adhere to the terms of the approved waiver will result in rescission of the approval and imposition of penalties for the applicable regulation.

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