N.Y. Comp. Codes R. & Regs. tit. 18 § 487.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 487.13 - Transitional adult homes

(a) This section shall apply to all transitional adult homes.

(b)Definitions.

(1) A transitional adult home is an adult home with a certified capacity of 80 beds or more in which 25 percent or more of the resident population are persons with serious mental illness as defined in section 487.2(c) of this Part.

(2) An alternative community setting is any setting other than a transitional adult home that is designed to promote independence and economic self-sufficiency. Alternative community settings include, but are not limited to:

(i) supported housing, including scattered site apartments and single site apartments;

(ii) supported single room occupancy;

(iii) supportive housing, including community residence single room occupancy;

(iv) community residences;

(v) apartment treatment;

(vi) senior housing;

(vii) enriched housing programs; and

(viii) such other housing alternatives as are clinically appropriate.

(3)Community services means services and supports provided in New York State that assist individuals with mental illness to live in the community. Such services and supports include, but are not limited to, assertive community treatment, intensive case management, case management, personalized recovery oriented services, continuing day treatment and Medicaid benefits for which a resident is eligible, including home and community based services waivers, clinic services, certified home health care, personal care assistance, and rehabilitative services.

(4)Mental health census means the number of residents in a facility who are persons with serious mental illness as defined in section 487.2(c) of this Part.

(5)

(i)Housing contractors means housing providers that have contracted with the Office of Mental Health to provide residents with information regarding housing alternatives and community services, assess residents to determine their housing and service needs and preferences, and make community housing available to residents pursuant to such contracts.

(ii)Peer bridger agencies mean agencies that have contracted with the Office of Mental Health to provide residents with access to peer bridgers. Peer bridgers are individuals employed by, or whose services have otherwise been retained by, peer bridger agencies, and who use their training and experience to provide mentoring and support to residents considering community transition.

(6)Community transition coordinator means a contractor retained by the department to facilitate the transition of residents to alternative community settings.

(c) The operator of every transitional adult home shall submit to the department a compliance plan that is designed to bring the facility's mental health census to a level that is under 25 percent of the resident population over a reasonable period of time, through the lawful discharge of residents with appropriate community services to alternative community settings.

(d) The compliance plan shall be submitted by the deadline set forth in subdivision (e) of this section and shall specify:

(1) how and by when the operator will achieve a mental health census that is under 25 percent of the resident population;

(2) how the operator will address the needs of its residents, in particular those residents who are persons with serious mental illness as defined in section 487.2(c) of this Part, while the reduction in mental health census is being achieved, including but not limited to:

(i) fostering the development of independent living skills;

(ii) ensuring access to and quality of mental health services;

(iii) encouraging community involvement and integration; and

(iv) fostering a homelike atmosphere.

(e) The operator shall submit the compliance plan no later than 120 calendar days after the effective date of this regulation.

(f) The department, in consultation with the Office of Mental Health, shall review each compliance plan and within 90 calendar days, shall either:

(1) approve the compliance plan; or

(2) require modification of the compliance plan by the operator. Any such modifications shall be submitted within 30 calendar days of notice by the department and shall be subject to the approval of the department, in consultation with the Office of Mental Health;

(3) if the operator does not submit a compliance plan, or submits a compliance plan that is not acceptable to the department after modification, the department will impose a compliance plan on the operator.

(g) Upon approval of the compliance plan by the department, or, if no compliance plan is submitted or approved, upon the imposition of a compliance plan on the operator by the department, the operator shall implement the compliance plan.

(h) The operator shall cooperate with the community transition coordinator, housing contractors, peer bridger agencies, care managers, health homes, and managed long-term care plans and shall provide, without charge, space for residents to meet privately with such individuals or entities. The operator shall not attempt to influence or otherwise discourage individual residents from meeting with such entities and individuals.

(i) Space provided for meetings with providers defined in this section shall be:

(1) a minimum of 160 square feet;

(2) above grade level;

(3) adequately lighted and ventilated and meet the temperature requirements of subdivision (m) of section 487.11;

(4) with a door that closes to ensure conversations held within the space are private and that outside disruptions are minimized;

(5) space separate and distinct from an occupied or reserved resident room or space used primarily for storage; and

(6) space that is not under surveillance by adult home staff.

(j) Upon request from the Department, operators shall be required to submit a plan to the Department, in the form and format prescribed by the Department, explaining how the operator will meet the space requirements set forth in subdivision (i) of this section. Operators shall have 30 calendar days to submit such plan from the date of the Department's request. The operator shall implement the plan upon approval by the Department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 487.13

Amended New York State Register February 10, 2016/Volume XXXVIII, Issue 06, eff.2/10/2016

Amended New York State Register November 10, 2021/Volume XLIII, Issue 45, eff. 11/10/2021