DOH Adopts Changes to ACF Admission and Retention Standards

As was previously reported, the Department of Health (DOH) was accepting public comment on proposed changes to regulation intended to ensure that adult care facilities (ACFs) comply with the Americans with Disabilities Act (ADA). The Department has adopted regulations effective Feb. 22, 2023. The regulations seek to clarify that an ACF shall not exclude an individual from being admitted to a facility on the basis of the individual’s mobility impairment, and further clarify that the ACF shall make reasonable accommodations in accordance with applicable federal and state laws to admit the individual. It also eliminates the language indicating that an operator cannot accept or retain any person who chronically requires the physical assistance of another person in order to walk or chronically requires the physical assistance of another person to climb or descend stairs, unless assignment on a floor with ground-level egress can be made.

LeadingAge NY had submitted these comments regarding the proposed changes, reflecting our support of the ADA and Fair Housing Act while raising some questions about the proposed changes and the implications for services and the various ACF and assisted living models in New York.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828