N.Y. Social Services Law § 461-k: Services for non-residents in certain adult care facilities

* § 461-k. Services for non-residents in certain adult care

facilities. 1. (a) "Services for non-residents in adult homes,

residences for adults and enriched housing programs" shall mean an

organized program of services which the facility is authorized to

provide to residents of such facility but which are provided to

non-residents for the purpose of restoring, maintaining or developing

the capacity of aged or disabled persons to remain in or return to the

community. Such services may include but shall not be limited to day

programs and temporary residential care as defined herein. A person

participating in a program of services for non-residents in an adult

care facility shall be considered a resident of the facility and shall

be afforded all the rights and protections afforded residents of the

facility under this chapter except that the provisions of sections four

hundred sixty-one-g and four hundred sixty-one-h of this title relating

to termination of admission agreements shall not apply and that persons

receiving services pursuant to this section shall not be considered to

be receiving residential care as defined in section two hundred nine of

this chapter for purposes of determining eligibility for and the amount

of supplemental security income benefits and additional state payments.

(b) "Day programs" shall mean an organized program for non-residents

which shall include personal care, supervision and other adult services

which the facility is authorized to provide to residents of such

facility which may include but are not limited to, activities, meals,

information and referral, and transportation services, provided in an

adult home, residence for adults or enriched housing program.

(c) "Temporary residential care" shall mean the provision of temporary

residential care of frail or disabled adults on behalf of or in the

absence of the caregiver for up to one hundred twenty days in any twelve

month period, provided in an adult home, residence for adults or

enriched housing program.

2. A program to provide services for non-residents in an adult care

facility may be established and operated in an adult home, residence for

adults or enriched housing program provided that such facility has a

current operating certificate issued in accordance with section four

hundred sixty-one-b of this title. No operator may establish and operate

a day program to provide services for non-residents, as defined in

subparagraph (b) of subdivision one of this section, unless the operator

has received the prior written approval of the department. The

department shall grant such approval to operate a day program only to

those operators that are operating in compliance with applicable law and

regulations. No operator may provide temporary residential care as

defined in subparagraph (c) of subdivision one of this section, unless

the operator has notified the department of its intent to do so.

3. Every program of services for non-residents must be established and

operated in a manner designed to ensure that such program neither

impairs the effective operation of the facility nor lessens the quality

of care provided to the facility residents.

4. The department shall promulgate regulations to carry out the

purposes of this section, including, but not limited to, provisions

regarding certification, inspection, supervision, enforcement,

penalties, records and reports, public need, fiscal, administrative,

architectural, safety, nutrition, duration of service, program

standards, information and referral, admission and discharge standards,

written service agreements for day services programs and modified

admission agreements for temporary residential care programs and

operator responsibility for services and supervision. The department

shall have authority to enforce such regulations in the same manner and

to the extent it has authority to enforce regulations promulgated

pursuant to sections four hundred sixty-a through four hundred sixty-f

and sections four hundred sixty-one through four hundred sixty-one-e of

this article.

5. The department may waive the determination of public need when an

adult care facility is requesting approval to utilize no more than five

beds or five percent of its certified capacity, whichever is less, for

temporary residential care.

* NB Expires July 1, 2029