§ 461-K — Services for non-residents in certain adult care facilities

* § 461-k. Services for non-residents in certain adult care\nfacilities. 1. (a) "Services for non-residents in adult homes,\nresidences for adults and enriched housing programs" shall mean an\norganized program of services which the facility is authorized to\nprovide to residents of such facility but which are provided to\nnon-residents for the purpose of restoring, maintaining or developing\nthe capacity of aged or disabled persons to remain in or return to the\ncommunity. Such services may include but shall not be limited to day\nprograms and temporary residential care as defined herein. A person\nparticipating in a program of services for non-residents in an adult\ncare facility shall be considered a resident of the facility and shall\nbe afforded all the rights and protections afforded residents of the\nfacility under this chapter except that the provisions of sections four\nhundred sixty-one-g and four hundred sixty-one-h of this title relating\nto termination of admission agreements shall not apply and that persons\nreceiving services pursuant to this section shall not be considered to\nbe receiving residential care as defined in section two hundred nine of\nthis chapter for purposes of determining eligibility for and the amount\nof supplemental security income benefits and additional state payments.\n (b) "Day programs" shall mean an organized program for non-residents\nwhich shall include personal care, supervision and other adult services\nwhich the facility is authorized to provide to residents of such\nfacility which may include but are not limited to, activities, meals,\ninformation and referral, and transportation services, provided in an\nadult home, residence for adults or enriched housing program.\n (c) "Temporary residential care" shall mean the provision of temporary\nresidential care of frail or disabled adults on behalf of or in the\nabsence of the caregiver for up to one hundred twenty days in any twelve\nmonth period, provided in an adult home, residence for adults or\nenriched housing program.\n 2. A program to provide services for non-residents in an adult care\nfacility may be established and operated in an adult home, residence for\nadults or enriched housing program provided that such facility has a\ncurrent operating certificate issued in accordance with section four\nhundred sixty-one-b of this title. No operator may establish and operate\na day program to provide services for non-residents, as defined in\nsubparagraph (b) of subdivision one of this section, unless the operator\nhas received the prior written approval of the department. The\ndepartment shall grant such approval to operate a day program only to\nthose operators that are operating in compliance with applicable law and\nregulations. No operator may provide temporary residential care as\ndefined in subparagraph (c) of subdivision one of this section, unless\nthe operator has notified the department of its intent to do so.\n 3. Every program of services for non-residents must be established and\noperated in a manner designed to ensure that such program neither\nimpairs the effective operation of the facility nor lessens the quality\nof care provided to the facility residents.\n 4. The department shall promulgate regulations to carry out the\npurposes of this section, including, but not limited to, provisions\nregarding certification, inspection, supervision, enforcement,\npenalties, records and reports, public need, fiscal, administrative,\narchitectural, safety, nutrition, duration of service, program\nstandards, information and referral, admission and discharge standards,\nwritten service agreements for day services programs and modified\nadmission agreements for temporary residential care programs and\noperator responsibility for services and supervision. The department\nshall have authority to enforce such regulations in the same manner and\nto the extent it has authority to enforce regulations promulgated\npursuant to sections four hundred sixty-a through four hundred sixty-f\nand sections four hundred sixty-one through four hundred sixty-one-e of\nthis article.\n 5. The department may waive the determination of public need when an\nadult care facility is requesting approval to utilize no more than five\nbeds or five percent of its certified capacity, whichever is less, for\ntemporary residential care.\n * NB Expires July 1, 2026\n