N.Y. Social Services Law § 461-s: Enhancing the quality of adult living program for adult care facilities

§ 461-s. Enhancing the quality of adult living program for adult care

facilities. 1. (a) The commissioner of health shall establish the

enhanced quality of adult living program (referred to in this section as

the "EQUAL program" or the "program") for adult care facilities. The

program shall be targeted at improving the quality of life for adult

care facility residents by means of grants to facilities for the

purposes set forth in subparagraphs (i) and (ii) of the paragraph. The

department of health, subject to the approval of the director of the

budget, shall develop an allocation methodology taking into account the

financial status and size of the facility, resident needs and the

population of residents who receive supplemental security income, state

supplemental payments, Medicaid (with respect to residents in an

assisted living program), or safety net assistance. On or before June

first of each year, the department shall make available the application

for EQUAL program funds. Grants may be used to support the following

purposes:

(i) to improve the quality of life for adult care facility residents

by funding projects including, but not limited to, clothing allowances,

resident training to support independent living skills, improvements in

food quality, outdoor leisure projects, and culturally recreational and

other leisure events; and resident quality of life, pursuant to this

subparagraph, and

(ii) to improve the quality of life for adult care facility residents

by financing capital improvement projects that will enhance the physical

environment of the facility and promote a higher quality of life for

residents. Any capital related expense generated by such capital

expenditure must receive approval by the department of health, provided

however, that such expenditures shall not be used to supplant the

obligations of the facility operator to provide a safe, comfortable

environment for residents in a good state of repair and sanitation.

(b) On or before June first of each year, the department shall make

available the application for EQUAL program funds to eligible adult care

facilities, as set forth in this section.

2. No payment shall be made under the program to a facility that has

received official written notice from the department of a proposed

revocation, suspension, limitation or denial of the operator's operating

certificate.

3. Prior to applying for EQUAL program funds, a facility shall receive

approval of its expenditure plan from the residents' council for the

facility. The residents' council shall adopt a process to identify the

priorities of the residents for the use of the program funds and

document residents' top preferences by means that may include a vote or

survey. The plan shall detail how program funds will be used to improve

resident quality of life, pursuant to subparagraph (i) of paragraph (a)

of subdivision one of this section, and support sustainable enhancements

to the physical environment of the facility pursuant to subparagraph

(ii) of paragraph (a) of this subdivision. The facility's application

for EQUAL program funds shall include a signed attestation from the

president or chair-person of the residents' council or, in the absence

of a residents' council, at least three residents of the facility,

stating that the application reflects the priorities of the residents of

the facility. The department shall investigate reports of resident abuse

and retaliation related to program applications and expenditures.

4. EQUAL program funds shall not be expended for a facility's daily

operating expenses, including employee salaries or benefits, or for

expenses incurred retrospectively, except that expenditures may be

incurred prior to the approval of the facility's application for such

fiscal year, provided that: (a) consistent with subdivision three of

this section, the residents' council approves such expenditure prior to

the expenditure being incurred, and the facility provides with its

application documentation of such approval and the date thereof; and (b)

the expenditure meets all applicable requirements pursuant to this

section and is subsequently approved by the department. EQUAL program

funds may be used for expenditures related to corrective action as

required by an inspection report, provided such expenditure is

consistent with subdivision three of this section.