N.Y. Comp. Codes R. & Regs. tit. 18 § 458.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 458.2 - Development and monitoring of family-type homes for adults

In order to encourage the establishment of family-type homes for adults, social services districts must recruit, supervise and train family-type home operators, inspect family-type homes for adults and cooperate with the department in the certifying and renewing of operating certificates of such homes, and must participate in enforcement actions against family-type home operators or operators of homes which are required to be certified as family-type homes for adults pursuant to Part 485 of this Title. The specific responsibilities of social services districts include:

(a) Recruitment. Social services districts must engage in recruitment practices to locate appropriate applicants to operate family-type homes for adults. Such practices include, but are not limited to, making presentations and distributing literature to community groups, placing advertisements in newspapers and utilizing public service announcements.

(b) Community education. Social services districts must implement a community education program to inform community agencies, hospitals and the public at large about the family-type home for adults program in order to encourage referrals to such homes of individuals appropriate for placement.

(c) Orientation of persons who apply to operate family-type homes for adults. Social services districts must, upon request, give information on the regulations and procedures applicable to the family-type homes for adults program to persons who express an interest in operating family-type homes for adults.

(d) Assessment of an applicant's suitability to operate a family-type home for adults. Staff of social services districts must conduct a home assessment to determine an applicant's capability to provide care and supervision to physically or mentally impaired adults in accordance with the standards set forth in Part 489 of this Title. In addition, the home study assessment must include an interview which discusses the following:

(1) the applicant's expectation of the family-type home program and the impact any placements will have on other family members;

(2) the district's expectation that the family-type home operator provide the resident services set forth in section 489.10 of this Title;

(3) general information on the individuals likely to be placed in a family-type home for adults, including a discussion of the characteristics associated with the aging process and the specialized needs of physically and mentally impaired individuals;

(4) any special skills or experience the applicant may have in dealing with dependent or elderly adults in order to help assure successful placements;

(5) an explanation of the payment mechanism for recipients of supplemental security income and home relief who are place in family-type homes for adults and the personal needs allowance requirements set forth in section 489.9(b)(3) of this Title;

(6) the role of the social services district in assisting the operator of a family-type home for adults to develop the procedures and mechanisms set forth in section 489.6 of this Title; and

(7) the rights and responsibilities of residents of family-type homes for adults as set forth in section 489.9 of this Title.

(e) Technical assistance. Social services districts must provide on-going technical assistance to operators of family-type homes for adults in accordance with the provisions of section 489.6 of this Title. Pursuant to such section social services districts must:

(1) assist operators to obtain required health or mental health information concerning residents and prospective residents, which may include providing or arranging for professional evaluation of residents to determine if a resident is, or continues to be, appropriate for family-type care;

(2) assist operators to establish linkages with community resources to enable the operators to access services and programs that will benefit their residents; and

(3) assist operators in fulfilling recordkeeping requirements by reviewing required records and providing any needed assistance to operators at the time of the semiannual inspection visits.

(f) Inspection of family-type home. Social services districts must inspect each family-type home at least once every six months in accordance with procedures set forth in sections 486.1 and 486.2 of this Title.

(g) Waivers. Social services districts must review requests for waivers of Part 489 of this Title which are made by operators of family-type homes for adults in accordance with section 489.3(d) of this Title. For those waivers that the district may issue directly, staff of the district must assess the impact of granting a waiver upon the health and safety of the residents and how the operator will achieve or maintain the intent of Part 489 of this Title if a waiver is granted. Written notice that the waiver is granted or rejected must be sent to the operator and an appropriate notation made on the Survey Report (DSS-2867).

(h) Enforcement. Social services districts must participate, with the department, in enforcement-related activities against certified family-type homes for adults and those homes which are required to be certified as family-type homes for adults in accordancewith the provisions of sections 489.5(a)(3) and (b) and 486.4 of this Title. The enforcement activities required to be undertaken by social services districts include:

(1) for certified family-type homes, inspecting noncompliance areas noted in the report of inspection issued after the required six month inspection visit and reporting any continued noncompliance to the appropriate regional office of the department for initiation of enforcement actions;

(2) notifying the appropriate regional office of the department of any uncertified facilities which reasonably appear to be family-type homes for adults and inspecting these homes in conjunction with the appropriate regional office of the department in accordance with section 489.5(a)(3) of this Title; and

(3) testifying at hearings or in court proceedings in accordance with section 489.5(b) of this Title.

The provisions of this section must be implemented by social services districts without regard to whether or not a family-type home is caring for persons in receipt of supplemental security income, additional State payments or home relief or persons who pay for their own care.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 458.2