DOH Adopts Rule Regarding ACF Admissions Standards for People Who Utilize Wheelchairs

The Department of Health (DOH) issued a notice of adopted rulemaking regarding the admissions and retention standards in adult care facilities (ACFs) as they relate to people who utilize wheelchairs. According to the notice of adoption, “The amended regulations require that the operator not exclude an individual on the sole basis that such individual is a person who primarily uses a wheelchair for mobility. The regulations also remove provisions prohibiting operators from accepting any person who is 'chronically chairfast and unable to transfer or chronically requires the physical assistance of another person to transfer.' Admissions should be based on the provider’s ability to meet the individual needs of each prospective resident. This includes, but is not limited to, the reasonable accommodation of the individual’s needs, and the ability to safely evacuate in the event of an emergency. The Department expects that each provider has sufficient staff at all times to meet the needs of the residents it admits and retains in accordance with existing regulations.”

LeadingAge NY submitted comments and questions on the proposed regulation, initially posted as emergency rulemaking on May 25, 2018. The public comments received were analyzed, and ultimately the proposed regulations remain unchanged. DOH intends to adopt this as permanent regulation.

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