N.Y. Comp. Codes R. & Regs. tit. 18 § 486.2

Current through Register Vol. 46, No. 16, April 17, 2024

Section 486.2 - Inspection

(a)Inspection shall mean a process of inquiry and investigation which shall include, but need not be limited to, announced and unannounced onsite investigations, private interviews with residents, review and investigation of the books and records of the facility, gathering of written, photographic or other physical evidence, and such collateral contacts as the department deems necessary for the purpose of determining compliance with applicable laws and regulations.

(b) The department, or a local social services district where appropriate, shall each year conduct a minimum of one full inspection of each adult care facility that is not a shelter for adults subject to inspection and supervision pursuant to Part 491 of this Title. Such inspection shall include, but need not be limited to, examination of the medical, dietary and social services records of the facility, as well as the minimum standards of construction, life safety standards, quality and adequacy of care, rights of residents, payments and all other areas of operation.

(c) In each private proprietary adult home or residence, the department shall conduct at least one additional inspection each year.

(d) The department or, where appropriate, a local social services district shall each year conduct a minimum of one unannounced full inspection of each adult care facility that is not a shelter for adults subject to inspection and supervision pursuant to Part 491 of this Title.

(e) The types of inspections undertaken by the department include, but are not limited to:

(1) complete inspections conducted prior to certification or renewal, or, in facilities with serious or continual deficiencies, to determine compliance with regulatory provisions in all areas of operation;

(2) summary inspections to determine compliance with key regulatory provisions in all areas of operation;

(3) partial inspections conducted to examine specific areas of operation; this inspection may examine key regulatory provisions in any one area or be a thorough examination of every regulation pertaining to that area;

(4) complaint inspections conducted in order to determine the validity of a complaint concerning a facility;

(5) follow-up inspections conducted in order to determine whether deficiencies noted during another inspection have been corrected; and

(6) such other inspections as may be necessary to ascertain compliance in a certified facility or to determine if an uncertified facility should be classified as an adult care facility.

(f) The requirement for a full inspection shall be satisfied by either a complete or summary inspection. In enriched housing programs a partial inspection may also satisfy the requirement for an unannounced full inspection.

(g) Partial, complete, summary or follow-up inspections qualify as the second inspection required for each proprietary adult home or residence. If a complaint investigation produces a complete, summary or partial inspection, such inspection qualifies as the second required inspection.

(h) An inspection report shall be made of each inspection, which shall identify and indicate in detail each area of operation inspected, including the premises, equipment, personnel, care and services, and whether each area of operation is or is not in compliance.

(i) A written report of inspection shall be sent to the operator, and shall include:

(1) a statement attesting that of the areas reviewed, if no violations or findings are noted in a given area, then said area(s) shall be deemed to be in compliance with applicable requirements;

(2) identification of any areas which are in violation of applicable requirements, including areas found in violation as a result of failure in systemic practices and procedures; and

(3) directions as may be appropriate as to the manner and time in which compliance with applicable requirements of law or regulations of the department shall be effected.

(j) Upon receipt of the report of inspection, but in no case later than 30 days following the date of issuance, the operator shall:

(1) correct the violations; or

(2) in the event that correction requires more than 30 days, submit an acceptable plan for correction.

(k) The operator shall notify the department, in writing, within one week after completion of corrective action.

(l) The operator shall post the inspection report for the most recent complete or summary inspection, and any related follow-up inspection reports, conspicuously in a public area of the facility which is accessible to residents and visitors.

(m) Inspection reports, excluding any confidential attachments, for the most recent two-year period shall be available for review upon request by residents or visitors.

(n) When a complaint investigation is being conducted, the department shall advise the operator of the complaint, review, findings, and prescribe corrective action. However, the operator shall not be advised of the conduct of a complaint investigation if such notice would jeopardize the complainant's confidentiality or when potential criminal wrongdoing is involved.

(o) After a complaint investigation has been completed, the department shall advise the complainant of the findings and corrective action, if any. However, a complainant shall not be advised of the outcomes of an investigation which is being contested by an operator or when civil or criminal action might be compromised by such notice.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 486.2

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020