Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Operators of shelters for families shall collect and maintain such information,
records or reports as determined by the office to be necessary.
(b) Operators of shelters for 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 agencies may request such
information as those agencies may require for the proper discharge of their
duties. Such agencies shall safeguard the confidentiality of such information,
records and reports in the same manner as does 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 900.20 of this Title.
(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
Title.
(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
900.4 of this
Part must be conspicuously posted in a publicly accessible area within the
facility.
(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 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.
