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Comments Accepted Until May 9th on Proposed Changes to ACF Admission and Retention Standards

Adult care facility (ACF) members are reminded that the Department of Health (DOH) is accepting comment until May 9th on proposed changes to regulation intended to ensure that ACFs comply with the Americans with Disabilities Act (ADA). According to the regulatory analysis, the regulation changes 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.

The proposed changes also eliminate from the admission and retention standards language that states that an operator should not admit or retain individuals who chronically require the physical assistance of another person in order to walk, or chronically require the physical assistance of another person to climb or descend stairs, unless assignment on a floor with ground-level egress can be made.

The public can provide comment on the proposed changes, and LeadingAge NY will be submitting comment on behalf of our membership. Members are encouraged to reach out to us with any comments for inclusion in the LeadingAge NY response.

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