Title: Section 1007.2 - Definitions

Section 1007.2 Definitions

The following words or terms when used in this Part shall have the following meanings:

(a) Commissioner means the Commissioner of the New York State Department of Health.

(b) Department means the New York State Department of Health.

(c) Facility means the physical plant location where the medical respite program provides medical respite services to recipients.

(d) Inspection means periodic scheduled, announced or unannounced onsite survey, inspection or investigation by the department or its contractor to determine compliance by the operator with the applicable statutes and regulations, and may include observation or review of a sample of the medical respite program records to determine the quality and adequacy of the medical respite services.

(e) Medical respite program means the not-for-profit corporation certified by the department to serve recipients whose health condition necessitates the receipt of:

(1) Temporary room and board; and

(2) The provision or arrangement of the provision of health care services and supports; provided, however, that the operation of a medical respite program shall be separate and distinct from any housing programs offered to individuals or their families who do not qualify as recipients.

(f) Medical respite services means

(1) Temporary room and board; and

(2) The provision or arrangement of the provision of health care services and supports; provided, however, that the operation of a medical respite program shall be separate and distinct from any housing programs offered to individuals or their families who do not qualify as recipients.

(g) Recipient means an individual who:

(1) Has a qualifying health condition that requires treatment or care;

(2) Does not require hospital inpatient, psychiatric inpatient, observation unit or emer­gency room level of care­, ­or a medically indicated emergency department or observation visit or skilled nursing facility level of care; and

(3) Is experiencing homelessness or is at imminent risk of homeless­ness. ­­Subject to subparagraph (i) of this paragraph, a person ­shall be deemed “homeless” if they lack a fixed, regular and adequate nighttime residence in a location ordinarily used as a regular sleeping accommodation for people.

(i) A medical respite program may provide services to a subpopulation of homeless recipients if the medical respite program establishes, to the satisfaction of the department in its sole discretion, that such limitation is necessary to ensure the availability of a funding source that will support the medical respite program’s operations, and such limitations are otherwise consistent with any rules or regulations set forth in this Part. This applies to conditions that may exist in connection with:

(a) Public funding provided by a federal, state or local government entity; or

(b) Private funding from a charitable entity or other nongovernmental source.

(ii) Service plan means a written plan developed by the medical respite program for each recipient that addresses the recipient’s physical health, mental health, substance use, and supportive service needs, goals and preferences and discharge indicators while in the medical respite program.