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Title: Section 487.3 - General provisions

Effective Date


487.3 General provisions. (a) The operator of an adult home shall provide, through its 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 shall operate and maintain the facility in compliance with the regulations of the department and with applicable statutes and regulations of other State and local jurisdictions.

(c) Nothing contained within this Part, or Parts 485 and 486 of this Title, shall prohibit an operator from exceeding the requirements of these regulations within the definition of an adult home.

(d) An operator shall afford any officers, duly authorized employee or agents or any designee 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 facility issued an operating certificate by the department shall 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 an adult home shall be limited to 200 beds.

(2) This limitation shall not apply to a facility certified for a larger capacity before September 1, 1984, except that no additional increases in capacity shall be authorized for such a facility.

(g) (1) Upon request by the operator, the department may waive nonstatutory requirements of this Part. An operator must request and receive written approval prior to instituting any alternative. Applications for approval must be submitted in writing to the appropriate regional office and shall include:

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

(ii) the reason the waiver is necessary; and

(iii) a description of what will be done to achieve or maintain the intended outcome of the regulation 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 shall grant written approval only upon determination that the proposed waiver will not adversely affect the health, safety and well-being of residents.

(3) Failure to adhere to the terms of the approved waiver shall result in rescission of the approval and imposition of penalties for the applicable regulation.

(4) 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 Govenor'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 B-1 (Title 18)