{"data":{"id":"us-nyc/n.y.c.-admin.-code-21-204","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § 21-204","heading":"§ 21-204 Social adult day care.","body":"a. 1. All social adult day cares that do not receive funding pursuant to section two hundred fifteen of the elder law shall meet the standards and requirements of any rules or regulations promulgated by the director of the office for the aging pursuant to such section related to program standards and participant rights, notwithstanding the fact that such social adult day cares do not receive such funding. For the purposes of this section, any reference to an \"area agency on aging\" in such rules and regulations means the department and any reference to a \"participant\" in such rules and regulations means an adult individual who is functionally impaired as defined in such rules and regulations and is eligible for and is receiving services from a social adult day care. Any references to \"functionally impaired\" and \"social adult day care program\" in such rules and regulations shall have the same meanings set forth therein.\n\n2. All social adult day cares shall carry out the provisions of this section in accordance with all applicable provisions of the Americans with disabilities act of nineteen ninety.\n\nb. \n\t\t\t\t\t\t\t\t\t\t\t\tRegistration.\n\n1. An individual, partnership, corporation, limited liability company, joint venture, association, or other business entity shall not operate as a social adult day care without having registered with the department. Registration shall include registrant's name, address, corporate structure and ownership, and other information as the department may require and shall be filed on forms to be prescribed by the department. The department may require social adult day cares to register electronically.\n\n2. Changes to information required under this subdivision must be submitted to the department no later than the effective date of such change in writing or electronically in a form and manner designated by the department.\n\nc. \n\t\t\t\t\t\t\t\t\t\t\t\tCivil penalties.\n\n1. The department shall adopt rules establishing civil penalties of not less than two hundred fifty dollars per day and not more than five hundred dollars per day to be assessed against social adult day cares for violations of subdivision a and any regulations promulgated thereunder. Such rules establishing civil penalties shall specify the violations subject to penalty.\n\n2. Any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that operates as a social adult day care without registering shall be subject to a civil penalty of not less than two hundred fifty dollars per day and not more than one thousand dollars per day such social adult day care operates without registering.\n\n3. The department and officers and employees of city agencies designated by the mayor shall have the authority to issue notices of violation, returnable at the environmental control board, any administrative tribunal within such designated agency, or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, for violations of this section or any rules promulgated by the department pursuant to such section.\n\nd. \n\t\t\t\t\t\t\t\t\t\t\t\tSocial adult day care ombudsperson.\n\n1. The department shall designate an ombudsperson whose duties shall include, but not be limited to:\n\n(i) establishing a system to receive comments and complaints with respect to any social adult day care;\n\n(ii) requesting a list from the state department of health at least once annually of providers operating social adult day cares within the city of New York and the street address of each such social adult day care; and\n\n(iii) investigating complaints received pursuant to subparagraph (i) of this paragraph or based on any information known to the department related to a social adult day care that may be in violation of the provisions of subdivision a of this section and whether a social adult day care has violated subdivision a of this section and upon finding there has been such a violation:\n\n(A) promptly informing in writing such social adult day care and any managed long term care organization known to be reimbursing such social adult day care of such finding, and that such finding is appealable by writing to the commissioner in accordance with the rules of the department, and requesting any informed managed long term care organization to respond to the ombudsperson in writing as to whether and how such violations will be addressed,\n\n(B) at the ombudsperson's discretion, forwarding the results of such investigation and any such response from a managed long term care organization to the department of investigation, the state department of health or any office, agency, or entity responsible for the prevention, detection, and investigation of fraud and abuse in the medical assistance program described in title eleven of the social services law or for the recovery of any improperly expended medical assistance funds, and\n\n(C) taking other appropriate actions as determined by the commissioner.\n\n2. A social adult day care shall post in a conspicuous location on its premises a sign indicating how to contact the ombudsperson and a statement indicating that any person may contact such ombudsperson if such person has a comment or complaint regarding such social adult day care.\n\n3. The department shall make available on its website the contact information of the ombudsperson as well as a statement indicating that any person may contact such ombudsperson with a comment or complaint regarding any social adult day care.\n\n4. Not later than January 1, 2016 and annually thereafter, the ombudsperson shall provide a written report to the council regarding social adult day cares. Each such report shall include, but not be limited to:\n\n(i) the total number of social adult day cares and the name and street address of each such social adult day care;\n\n(ii) the total number of complaints received by the ombudsperson;\n\n(iii) a general description of the reason for each such complaint;\n\n(iv) the total number of investigations conducted by the ombudsperson, a general description of the reason for each such investigation, any findings that a social adult day care has violated of subdivision a of this section, and the outcome of each such investigation;\n\n(v) the total number of notices of violation issued pursuant to subdivisions a and c of this section, disaggregated by the specific violation for which such notice was issued;\n\n(vi) the total number of social adult day cares that failed to register pursuant to subdivision b as of the date of such report; and\n\n(vii) any recommendations regarding the operation of social adult day cares.\n\n5. Except as otherwise required by law, the department shall not share information that identifies any individual who made a complaint to the ombudsperson.\n\ne. \n\t\t\t\t\t\t\t\t\t\t\t\tOnline public searchable database of social adult day cares.\n\n1. The department shall create and maintain an online public searchable database of social adult day cares registered with the department pursuant with subdivision b of this section, which the public shall be able to search by the name under which the social adult day care registered, by the name under which the social adult day care is doing business, by borough, and by zip code. The database shall include the following information reported to the department pursuant to such subdivision: (i) the name, address, telephone number, and website, if any, of the social adult day care; (ii) the corporate structure and ownership of the social adult day care; (iii) the days and hours of operation of the social adult day care; (iv) the year the social adult day care was established; and (v) the name, address and telephone number of any managed long term care company with which the social adult day care has a formal agreement. The database shall further include any other relevant information reported to the department pursuant to this section.\n\n2. If applicable, the database shall indicate the number of notices of violation issued and the outcome of any adjudication conducted pursuant to subdivision c. The year and nature of the notice of violation and the adjudication shall be posted, but may not contain personally identifying information about a complainant.\n\n3. The database shall allow an individual to submit complaints electronically about a social adult day care to the ombudsperson.\n\n(L.L. 2015/009, 1/17/2015, eff. 7/14/2015 and 1/17/2016; Am. L.L. 2018/009, 12/31/2017, eff. 6/29/2018)","path":["New York City Administrative Code","Title 21","Chapter 2: Department for the Aging"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"ba948abce09c130ba59a00658866e8e4fdfadc1b4cf5f67281dc73814180ecf8","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-21-203","next":"us-nyc/n.y.c.-admin.-code-21-204.1"},"notice":"GroundRules: Original legal text. Not legal advice."}