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Title: Section 490.3 - General provisions

Effective Date

10/28/2021

Section 490.3 General provisions.

(a) The operator of a residence for adults must provide, through his/her employees and agents, an organized, 24 hour-a-day program of supervision, care, and services which:

(1) meets the standards set forth in this Part;

(2) assures the protection of resident rights; and

(3) promotes the social, physical and mental well-being of the residents.

(b) The operator must operate and maintain the facility in compliance with the regulations of the department and with applicable statutes and regulations of other State agencies and local jurisdictions.

(c) Nothing contained within this Part, or Parts 485 and 486 of this Title, prohibits an operator from exceeding the requirements of these regulations, consistent with the definition of a residence for adults.

(d) An operator must afford any officer or duly authorized employee or agent of the department access at any time to the residents, grounds, buildings and any records relating to resident care and services.

(e) The operator of a residence for adults issued an operating certificate by the department must maintain, make available for inspection and submit such statistical, financial or other information, records or reports, relating to the facility as the department may require.

(f)(1) The capacity of a residence for adults is limited to 200 beds.

(2) This limitation does not apply to an adult care facility certified for a larger capacity before the effective date of these regulations, except that no additional increases in capacity will be authorized for such a facility.

(g)(1) Upon request by the operator, the department may waive nonstatutory requirements of this Part and may permit an operator to establish another method of achieving the intended outcome of the waived regulation. An operator must request and receive written approval from the department prior to instituting any alternatives to this Part. Applications for waivers must be submitted in writing to the appropriate regional office of the department. An application must include:

(i) the specific regulation(s) for which a waiver is sought;

(ii) the reason(s) the waiver is necessary;

(iii) a description of what will be done to achieve or maintain the intended outcome of the regulation(s) and to protect the health, safety and well-being of the residents.

(2) The department may require that the operator make physical plant modifications or adopt special methods or procedures to protect resident health and safety and will grant written approval of an application for a waiver only upon determining that the proposed waivers will not adversely affect the health, safety and well-being of residents.

(3) The department must make a determination on a request for a waiver within 90 days of receipt of all required information from the operator.

(4) Failure to adhere to the terms of the approved waiver will result in recision of the approval and imposition of penalties consistent with section 486.7(f) of this Title.

(5) During the period of a State disaster emergency declared pursuant to section 28 of the Executive Law, the State Commissioner of Health or their designee may suspend or modify any provision, of parts thereof, of this Part, that is not otherwise required by State statute or federal law, if compliance with such provisions, or parts thereof, would prevent, hinder, or delay action necessary to cope with the State disaster emergency, or if necessary to assist or aid in coping with such disaster. Such suspension or modifications may include any modifications of regulation, exceptions, limitations or other conditions as the Commissioner or their designee deems appropriate and necessary to respond to the disaster emergency. Provided, further, that should the Governor declare a state disaster emergency pursuant to section 28 of the Executive Law, which suspends or otherwise modifies State statutes pursuant to the Governor's authority under section 29-a of the Executive Law, the Commissioner or their designee may suspend or modify any provision of any regulation that is consistent with the statutory authority as modified or suspended, for the period of such suspension or modification.

Volume

VOLUME B-1 (Title 18)

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