Title: Section 485.3 - Responsibility of government agencies.

485.3 Responsibility of government agencies. (a) The commissioner, acting directly or through local social services districts, and with the cooperation of other State agencies, shall have the authority and responsibility to:

(1) promote the development of sufficient and appropriate residential care programs for dependent adults;

(2) prescribe and promulgate regulations, standards, policies and procedures governing the establishment and operation of adult-care facilities which assure the protection of the health, safety and wellbeing of the residents in the least restrictive environment available and which provide residents with the opportunity for maximum privacy, personal development and independence;

(3) authorize, through the issuance of operating certificates, qualified operators to establish and operate adult-care facilities;

(4) approve, prior to endorsement by a justice of the Supreme Court and filing with the Secretary of State, certificates of incorporation or amendments thereto of not-for-profit corporations which have among their purposes the establishment and operation, or fundraising for the eventual establishment and operation, of any adult-care facility subject to the jurisdiction of the department; and

(5) administer a system of supervision, inspection and enforcement for adult-care facilities which assures compliance with regulations and the maintenance of standards of care.

(b) The Offices of the Department of Mental Hygiene:

(1) shall join with the department in the inspection of any adult-care facility, other than family-type homes for adults, which cares for a significant number of mentally disabled persons, and may, by mutual agreement with the department, participate when the number of mentally disabled persons is less than significant or where the inspection and supervision of family-type homes for adults is involved; and

(2) may propose additional standards to protect the health, safety and well-being of mentally disabled persons. Such standards may, with the approval of the department, be adopted and promulgated as regulations by the department and shall apply to adult-care facilities which care for a significant number of mentally disabled persons.

(3) For purposes of this Chapter, an adult-care facility is considered to have a significant number of mentally disabled persons when:

(i) for the purpose of joint inspections with an Office of the Department of Mental Hygiene, the resident population is composed of 25 percent or more persons released or discharged from any facility operated or certified by an Office of the Department of Mental Hygiene; or

(ii) for the purposes of requiring a written agreement between an operator and a mental health service provider, 25 percent or more of the resident population or 25 residents, whichever is less, have been released or discharged from any facility operated or certified by an Office of the Department of Mental Hygiene.

(c) Local social services districts. The commissioner has delegated responsibility for the inspection and supervision of family-type homes for adults to the commissioner of the local social services district in which the facility is located. The commissioner of the local social services district shall perform such duties and make such reports regarding these facilities as are prescribed by the department.

(d) For the purposes of the assisted living program, the Department of Health will:

(1) propose and, with the approval of the department, promulgate any standards deemed necessary to implement the assisted living program; and

(2) coordinate surveillance and enforcement efforts with the department.