N.Y. Comp. Codes R. & Regs. tit. 10 § 425.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 425.4 - General requirements for operation

(a) An operator must:

(1) provide services to registrants consistent with the requirements of this Title and Part and other applicable statutes and regulations;

(2) provide appropriate staff, equipment, supplies and space as needed for the administration of the adult day health care program in accordance with the requirements of this Part; and

(3) provide each registrant with a copy of a Bill of Rights specific to operation of the adult day health care program.

These rights include, but are not limited to:

(i) rights of privacy, dignity, respect, and confidentiality, including confidential treatment of all registrant records;

(ii) freedom to voice grievances about care or treatment without discrimination or reprisal;

(iii) protection and freedom from physical and psychological abuse, coercion and restraint;

(iv) participation in developing the person-centered care plan;

(v) written notification by the program to the registrant at admission and following the continued-stay evaluation of the services the registrant shall receive while attending the adult day health care program; and

(vi) right to individual initiative, autonomy, and independence in making life choices, including freedom to decide whether or not to participate in any given activity.

(4) be selected from among options by the individual and be physically accessible to the individuals supported;

(5) be integrated in and support full access to the greater community;

(6) facilitate an individual's informed choice about their services and who provides them;

(7) provide freedom and support for individuals to control their own schedules and activities;

(8) provide individuals access to food (meals and/or snacks) and visitors at any time;

(9) offer individuals participation in developing the person-centered care plan; and

(10) provide written notification by the program to the registrant at admission and following the continued-stay evaluation of the services the registrant shall receive while attending the adult day health care program.

(b) Administration. Without limiting its responsibility for the operation and management of the program, the operator must designate a person responsible for:

(1) coordinating services for registrants with services provided by community or other agency programs, including but not limited to certified home health agencies, social services agencies, clinics and hospital outpatient departments and services; provided, however, with respect to registrants referred to the adult day health care program by a managed care plan the coordination of such services shall be the responsibility of the managed care plan; and

(2) day-to-day direction, management and administration of the adult day health care services, including but not limited to:

(i) assigning adequate, consistent and appropriately licensed personnel to be on-duty at all times when the program is in operation to ensure safe care of the registrants;

(ii) assigning and supervising activities of all personnel to ensure that registrants receive assistance in accordance with their person-centered care plan;

(iii) ensuring supervision of direct care staff in accordance with state rules and regulation;

(iv) arranging for in-service orientation, training and staff development; and assuring that staff possess the competencies and skill sets necessary to meet the needs safely and in a manner that promotes each registrant's rights, and physical, mental and psychosocial well-being; and

(v) maintaining records in accordance with provisions of sections 400.2 and 415.3(d)(1) of this Subchapter.

(c) Policies and procedures for service delivery. The operator must:

(1) establish and implement written policies and procedures, consistent with the approved application for operation of the adult day health care program, concerning the rights and responsibilities of registrants, the program of services provided to registrants, use of physical structures and equipment, and the number and qualifications of staff members and their job classifications and descriptions;

(2) ensure that written policies and procedures, consistent with current professional standards of practice, are developed and implemented for each service and are reviewed annually and revised as necessary;

(3) develop protocols for each involved professional discipline to indicate when the service of such discipline should be included in the registrant assessment;

(4) ensure that professional personnel are fully informed of, and encouraged to refer registrants to, other health and social community resources that may be needed to maintain the registrant in the community; provided, however, with respect to registrants referred to the adult day health care program by a managed care plan, such referrals shall be the responsibility of the managed long term care plan;

(5) establish and implement written policies for the storage, cleaning and disinfection of medical supplies, equipment and appliances;

(6) establish and implement written policies and procedures concerning refunds and prepayment for basic services in accordance with existing rules and regulations;

(7) establish and implement written policies and procedures concerning transfer and affiliation agreements covering registrants that are consistent with the standards specified in section 400.9 of this Subchapter; and

(8) provide in such agreement(s) reasonable assurance of assistance to each registrant in transferring to inpatient or resident status in a residential health care facility whenever the registrant is deemed by a practitioner to be medically appropriate for such care.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 425.4

Amended by New York State Register September 10, 2014/Volume XXXVI, Issue 36, eff. 9/10/2014.

Amended New York State Register March 20, 2024/Volume XLVI, Issue 12, eff. 3/20/2024