N.Y. Comp. Codes R. & Regs. tit. 18 § 458.3

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

Section 458.3 - Assessment and placement services

Social services districts must provide or arrange for the assessment and, where appropriate, the placement of adults, eligible for or receiving services provided by the social services district, into residential care programs certified by the department or other State agencies. The districts must assure that the persons are placed in facilities which provide the level of care which corresponds to the person's identified needs. Such services also include assisting persons requiring family-type home care to recognize their need for placement in such a facility and to choose a home which is most suitable to their needs. The specific responsibilities of the districts include:

(a) assuring that assessments of adults for residential placement address:

(1) the level of the individual's ability to perform activities of daily living such as grooming, dressing, bathing, toileting, walking, eating and taking medications;

(2) the individual's need for companionship and supervision in order to live safely within the community;

(3) the nature of the individual's physical and/or mental impairment, as indicated by a medical or psychiatric evaluation, using the department's Medical Evaluation Form (DSS-3122) when the person appears to require placement in a facility certified by the department, or the approved form of another State agency when a person appears to require placement in a facility certified by such agency;

(4) the individual's wishes regarding his or her living arrangements; and

(5) the availability of support systems such as family or community programs and the appropriateness of such systems in meeting the client's needs;

(b) establishing cooperative relationships between the adult services and the medical assistance units of the district and other agencies including the local department of health and local agencies affiliated with the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities, to assure that persons in need of residential care are properly assessed and that appropriate placements are made;

(c) assisting family-type home operators, in accordance with section 489.6(a)(2) of this Title, with the assessment and replacement of individuals who need to be transferred to a facility providing another level of care, to another family-type home or to another adult care facility certified by the department because the family-type home is voluntarily closing;

(d) arranging or providing for assessment and placement services to:

(1) the residents of a family-type home which is involuntarily closing because of an enforcement action; or

(2) the residents of an uncertified family-type home if the operator refuses to apply for or applies for and is denied certification pursuant to the provisions of section 485.4 of this Title, or if the operator of an uncertified family-type home is caring for persons who are not suitable for family-type care because they have one or more of the conditions or problems set forth in section 489.7 of this Title; and

(e) providing or arranging for assessment and placement services to residents of adult care facilities, other than family-type homes for adults, as defined in section 485.2 of this Title, when necessary to assure that the needs of residents of adult care facilities which are closing are properly assessed and such residents are placed in facilities providing an appropriate level of care. Requests to provide assessment and placement services to residents of adult care facilities which are closing, other than family-type homes for adults, must be made by either the operator of the facility or the appropriate regional office of the department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 458.3