N.Y. Comp. Codes R. & Regs. tit. 18 § 491.22

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

Section 491.22 - Inspections

(a) The office shall inspect each shelter for adults, small-capacity shelter, and shelter for adult families for which a social services district seeks or receives reimbursement from the State at least once a year, to ensure that the facility will operate or is operating in compliance with all applicable laws and regulations including the regulations in this Part, and with an operational plan that has been approved by the office.

(b)Inspection means periodic scheduled, announced or unannounced onsite investigation, including the gathering of written, photographic, or other physical evidence by the office or its staff, at any time irrespective of whether during regular business hours or at night or on weekends, for the purpose of determining whether a shelter for adults, a small-capacity shelter, or a shelter for adult families will be operated or is operating in compliance with the requirements of this Part and with an operational plan approved by the office.

(c) Each shelter for adults, small-capacity shelter, and shelter for adult families shall allow the office full access at any time to the facility's grounds, buildings, employees and residents, and books and papers including, but not limited to, the residents' case and medical records, if any. Interference with an inspection, refusal to allow admission, delay in allowing admission, or refusal to provide complete access to the facility or the facility's books and papers will be deemed to be a violation, and may result in the office taking immediate enforcement action.

(d) An inspection report shall be made of each inspection conducted by the office, 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 with the regulations in this Part and with an operational plan for the facility approved by the office. The inspection report shall be forwarded to both the social services district and to the facility operator.

(e) Upon receipt of an inspection report noting areas where the facility fails to comply with the requirements of this Part, or with the operational plan for the facility approved by the office, but in no case later than 30 days following the date the inspection report is issued, the social services district must correct the deficiencies or in the event that correction requires more than 30 days, submit an acceptable plan for correction to the office for the office's review and approval.

(f) Notwithstanding any other provisions of this section, in the event that office determines that there exist deficiencies, violations, or conditions at a shelter for adults, a small-capacity shelter or a shelter for adult families, which are dangerous, hazardous, imminently detrimental to life or health, or otherwise render the facility unfit for human habitation, the office may take immediate emergency measures, including, but not limited to, one or more of the following:

(1) issuing an emergency order directing the facility to take immediate measures to rectify any deficiencies, violations or conditions; requiring additional security, or directing the transfer of the facility's residents to other temporary emergency housing;

(2) issuing an emergency order revoking, suspending or limiting the facility's operating certificate, subject to the notice and expedited hearing process set forth in section 493.8 of this Title; or

(3) taking any additional action authorized by State law or regulation.

(g) Failure on the part of the social services district to correct a noted deficiency within the time period specified in an emergency order issued by the office pursuant to subdivision (f) of this section, or to correct deficiencies in accordance with subdivision (e) of this section, may result in the revocation, suspension or limitation of the facility's operating certificate, withholding or denial of reimbursement to the social services district in accordance with section 491.25 of this Part, and/or the imposition of civil penalties pursuant to section 491.26 of this Part.

(h) The office also may conduct inspections of shelters for adults, small-capacity shelters or shelters for adult families to determine the validity of complaints received by the office concerning such a facility.

(1) When such a complaint investigation is being conducted, the office shall advise the operator of the complaint, review, findings, and may 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.

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

(i) The facility operator shall make the inspection report for the most recent inspection, and any related follow-up inspection reports, excluding any confidential information and/or confidential attachments, available for review by facility residents or visitors upon request.

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

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.22

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