Section 461-K. Services for non-residents in certain adult care facilities

1.  (a)  "Services  for  non-residents  in  adult  homes,
  residences  for  adults  and  enriched  housing  programs" shall mean an
  organized program of  services  which  the  facility  is  authorized  to
  provide  to  residents  of  such  facility  but  which  are  provided to
  non-residents for the purpose of restoring,  maintaining  or  developing
  the  capacity  of aged or disabled persons to remain in or return to the
  community. Such services may include but shall not  be  limited  to  day
  programs  and  temporary  residential  care  as defined herein. A person
  participating in a program of services for  non-residents  in  an  adult
  care  facility  shall be considered a resident of the facility and shall
  be afforded all the rights and protections  afforded  residents  of  the
  facility  under this chapter except that the provisions of sections four
  hundred sixty-one-g and four hundred sixty-one-h of this title  relating
  to  termination of admission agreements shall not apply and that persons
  receiving services pursuant to this section shall not be  considered  to
  be  receiving residential care as defined in section two hundred nine of
  this chapter for purposes of determining eligibility for and the  amount
  of supplemental security income benefits and additional state payments.
    (b)  "Day  programs" shall mean an organized program for non-residents
  which shall include personal care, supervision and other adult  services
  which  the  facility  is  authorized  to  provide  to  residents of such
  facility which may include but are not limited  to,  activities,  meals,
  information  and  referral,  and transportation services, provided in an
  adult home, residence for adults or enriched housing program.
    (c) "Temporary residential care" shall mean the provision of temporary
  residential care of frail or disabled adults on  behalf  of  or  in  the
  absence of the caregiver for up to six weeks in any twelve month period,
  provided  in  an  adult  home,  residence for adults or enriched housing
  program.
    2. A program to provide services for non-residents in  an  adult  care
  facility may be established and operated in an adult home, residence for
  adults  or  enriched  housing  program provided that such facility has a
  current operating certificate issued in  accordance  with  section  four
  hundred sixty-one-b of this title. No operator may establish and operate
  a  program to provide services for non-residents unless the operator has
  received the prior written approval of the  department.  The  department
  shall  grant such approval only to those operators that are operating in
  compliance with applicable law and regulations.
    3. Every program of services for non-residents must be established and
  operated in a manner  designed  to  ensure  that  such  program  neither
  impairs  the effective operation of the facility nor lessens the quality
  of care provided to the facility residents.
    4. The department  shall  promulgate  regulations  to  carry  out  the
  purposes  of  this  section,  including,  but not limited to, provisions
  regarding   certification,   inspection,    supervision,    enforcement,
  penalties,  records  and  reports,  public need, fiscal, administrative,
  architectural,  safety,  nutrition,   duration   of   service,   program
  standards,  information and referral, admission and discharge standards,
  written service  agreements  for  day  services  programs  and  modified
  admission   agreements  for  temporary  residential  care  programs  and
  operator responsibility for services  and  supervision.  The  department
  shall  have authority to enforce such regulations in the same manner and
  to the extent  it  has  authority  to  enforce  regulations  promulgated
  pursuant  to  sections four hundred sixty-a through four hundred sixty-f
  and sections four hundred sixty-one through four hundred sixty-one-e  of
  this article.

    5.  The  department may waive the determination of public need when an
  adult care facility is requesting approval to utilize no more than  five
  beds  or  five percent of its certified capacity, whichever is less, for
  temporary residential care.
    * NB Expires July 1, 2011