§ 461-S — Enhancing the quality of adult living program for adult care facilities

§ 461-s. Enhancing the quality of adult living program for adult care\nfacilities. 1. (a) The commissioner of health shall establish the\nenhanced quality of adult living program (referred to in this section as\nthe "EQUAL program" or the "program") for adult care facilities. The\nprogram shall be targeted at improving the quality of life for adult\ncare facility residents by means of grants to facilities for the\npurposes set forth in subparagraphs (i) and (ii) of the paragraph. The\ndepartment of health, subject to the approval of the director of the\nbudget, shall develop an allocation methodology taking into account the\nfinancial status and size of the facility, resident needs and the\npopulation of residents who receive supplemental security income, state\nsupplemental payments, Medicaid (with respect to residents in an\nassisted living program), or safety net assistance. On or before June\nfirst of each year, the department shall make available the application\nfor EQUAL program funds. Grants may be used to support the following\npurposes:\n (i) to improve the quality of life for adult care facility residents\nby funding projects including, but not limited to, clothing allowances,\nresident training to support independent living skills, improvements in\nfood quality, outdoor leisure projects, and culturally recreational and\nother leisure events; and resident quality of life, pursuant to this\nsubparagraph, and\n (ii) to improve the quality of life for adult care facility residents\nby financing capital improvement projects that will enhance the physical\nenvironment of the facility and promote a higher quality of life for\nresidents. Any capital related expense generated by such capital\nexpenditure must receive approval by the department of health, provided\nhowever, that such expenditures shall not be used to supplant the\nobligations of the facility operator to provide a safe, comfortable\nenvironment for residents in a good state of repair and sanitation.\n (b) On or before June first of each year, the department shall make\navailable the application for EQUAL program funds to eligible adult care\nfacilities, as set forth in this section.\n 2. No payment shall be made under the program to a facility that has\nreceived official written notice from the department of a proposed\nrevocation, suspension, limitation or denial of the operator's operating\ncertificate.\n 3. Prior to applying for EQUAL program funds, a facility shall receive\napproval of its expenditure plan from the residents' council for the\nfacility. The residents' council shall adopt a process to identify the\npriorities of the residents for the use of the program funds and\ndocument residents' top preferences by means that may include a vote or\nsurvey. The plan shall detail how program funds will be used to improve\nresident quality of life, pursuant to subparagraph (i) of paragraph (a)\nof subdivision one of this section, and support sustainable enhancements\nto the physical environment of the facility pursuant to subparagraph\n(ii) of paragraph (a) of this subdivision. The facility's application\nfor EQUAL program funds shall include a signed attestation from the\npresident or chair-person of the residents' council or, in the absence\nof a residents' council, at least three residents of the facility,\nstating that the application reflects the priorities of the residents of\nthe facility. The department shall investigate reports of resident abuse\nand retaliation related to program applications and expenditures.\n 4. EQUAL program funds shall not be expended for a facility's daily\noperating expenses, including employee salaries or benefits, or for\nexpenses incurred retrospectively, except that expenditures may be\nincurred prior to the approval of the facility's application for such\nfiscal year, provided that: (a) consistent with subdivision three of\nthis section, the residents' council approves such expenditure prior to\nthe expenditure being incurred, and the facility provides with its\napplication documentation of such approval and the date thereof; and (b)\nthe expenditure meets all applicable requirements pursuant to this\nsection and is subsequently approved by the department. EQUAL program\nfunds may be used for expenditures related to corrective action as\nrequired by an inspection report, provided such expenditure is\nconsistent with subdivision three of this section.\n