DOH Proposes Amendments to ACF Admission and Retention Standards
In the March 9th State Register, the Department of Health (DOH) proposed amendments to the admission and retention standards for adult care facilities (ACFs). Specifically, Title 18 NYCRR Parts 487.4, 488.4, and 490.4 are proposed to be amended to ensure that admission and retention standards for ACFs are consistent with the federal Americans with Disabilities Act (ADA). According to the posting, the regulation clarifies admission and retention standards to make clear that ACFs must make reasonable accommodations for residents who use wheelchairs for mobility. The ACF nevertheless must be able to safely accommodate the needs of such individual, must be in compliance with local fire codes, or must have an appropriate level of staffing to evacuate such individual. The operator must also determine that such individual is capable of self-preservation in the event of an emergency. Persons incapable of self-preservation are those who, because of age, physical limitations, mental limitations, chemical dependency, or medical treatment, cannot respond as an individual in an emergency situation.
Public comment on the proposed regulations will be received until 60 days after publication of this notice and should be submitted to Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, 518-473-7488, regsqna@health.ny.gov. Members may make their own public comment and/or submit comments to LeadingAge NY for submission.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828