Title: Section 495.3 - General provisions.
495.3 General provisions.
(a) The department may, to the extent funds are appropriated for such purpose, enter into an agreement with each operator of an adult home, enriched housing program and residence for adults for the payment of quality incentive improvement grants to eligible applicants.
(b) An operator will be considered to be in compliance with applicable statutes and regulations for the purposes of this Part, if the operator has not received official written notice from the department of a proposed revocation, suspension, limitation or denial of the operating certificate; the proposed assessment of civil penalties; the issuance of either a department order or a commissioner's order; the seeking of equitable relief; the issuance by a court of competent jurisdiction of an order or approval of a settlement agreement which affirms that the rights afforded to a resident of an adult home, enriched housing program, or residence for adults have been violated; or the department has determined that the operator has failed to meet the requirements enumerated in section 460-d(7) (b) (2) of the Social Services Law.
(c) The department may, based on the conditions in the facility, the history of the operator in providing quality care, and the procedures specified in the notice of availability of funds for the Quality Incentive Payment Program either make or deny a quality incentive payment to an operator of an adult home, enriched housing program or residence for adults that would otherwise have been an eligible applicant except that he or she is not in compliance with applicable statutes and regulations.
(d) The amount of the quality incentive payment is based on the appropriated funds, the number of SSI and HR recipients residing in a facility, and a finding that the operator is in compliance with applicable statutes and regulations based on the most recent inspection cycle.
(e) Notwithstanding the provisions of subdivision (c) of this section, the department may not make a quality incentive payment to an operator not in compliance with applicable statutes and regulations unless the specified enforcement action has been resolved and a notice of resolution issued.
(f) It is the duty of an operator of an adult home, enriched housing program or residence for adults to notify the department within three working days after the issuance of a court order or a court approved settlement agreement referred to elsewhere in this Part, which has found that the rights of residents have been violated.
(g) The Quality Incentive Payment Program is a grant program. Nothing contained herein or in law creates or is deemed to create any right, interest of entitlement for any individual or other entity eligible to participate in the program.
(h) Quality Incentive Payment Program payments will be made for the purpose of improving the quality of care and services to eligible residents to better meet resident needs, improve the physical environment of a facility, correct identified deficiencies and encourage the provision of services to eligible residents.
(i) The quality incentive payment program grant may be used to pay for the following:
(5) maintenance and repairs; or
(6) other purposes that will enhance the quality of care and services provided in the facility which benefit eligible residents.
(j) Prior to awarding such grants to a facility operator, the department must consider the reliability and capability of the operator, including his or her expertise, prior experience, financial responsibility and record of adherence to the law concerning the operation of adult homes, enriched housing programs and residences for adults. *NB Effective until 97/06/04
VOLUME B-1 (Title 18)