Weekly Q&A

Q: When it comes to someone renting space, like a PT/OT office or barber, what is the process for approval?

A: There is an application in NYSE-CON (in HCS) for space rental. The application will ask questions such as your license type, a copy of the floor plan, and whether or not renting the space would interfere with space for resident use. Once the application is submitted, DOH will contact you and walk you thought the rest of the process.

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Q: I’m an Enhanced ACF. Do we need to have an RN in the building at all times or just on call?

A: An RN does not need to be in the building at all times, but must be able to be consulted 24/7. 10 NYCRR 1001.11(j):

(j) An enhanced assisted living residence or a special needs assisted living residence shall provide, either directly or through contract, sufficient nursing staff to meet the health care needs of the residents. Nursing coverage requirements, at a minimum, include:

(1) a registered professional nurse on duty and on-site at the residence, for eight hours per day, five days a week, and a licensed practical nurse shall be on duty and onsite at the residence for eight hours per day for the remainder of such week;

(2) a registered professional nurse on call and available for consultation 24 hours a day, seven days a week, if not available onsite; and

(3) additional nursing coverage, as determined necessary and documented by the resident’s medical evaluation or otherwise by the resident’s attending physician and/or the ISP.

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 Q: I’m an Enhanced AL and we have some HHAs working. Do they need to be overseen by an RN in the building at all times like in an ALP?

A: Not necessarily- the requirements for an AL with an Enhanced license is that an RN must be on call and available for consultation 24/7 if not available to be onsite. Because you are not a LHCSA, HHAs do not need to be directly overseen in-person by an RN.

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Q: Does DOH still recommend we use the comprehensive emergency management plan (CEMP) template they published a few years back to cover all or most aspects of preparedness? If so, do they plan on making updates to it and keeping it updated?

A: The CEMP is highly recommended, though not required. DOH states that it can be used to enhance existing plans, or it can be used as the main planning document. There is a training that you can watch specifically for adult care facilities if you open the attached OHEP PDF and click on the OHEP-CEMPONLINE link. The most recent versions of the Instructions, Template, and Toolkit are also attached.

NYSHFA | NYSCAL CONTACTS:

Christina Audi, MHA, LNHA
Executive Director, NYSCAL
caudi@nyshfa-nyscal.org
518-462-4800 x 13