Weekly Q&A

Q: We’re an EHP- I’m curious where they stand these days with basic household small kitchen appliances in an EHP setting. Coffee makers, microwaves, air fryers, toasters, etc. Our residents have a designated kitchen within their apartment, separate from their bedroom, in which a full oven/stove is provided by Ashton, and they often bring the other appliances I mentioned. Are these appliances permitted?  Are they expecting to see a safety assessment of some kind completed for each resident and appliance? Is a decision made on a case-by-case basis with insight from PCP? Is a waiver needed?

A: According to DOH, facilities should seek guidance from their local Department of Health, as it is not a black and white answer. Factors include resident cognition, ventilation, what is in your residency agreement, and others.

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Q: Is there another opportunity to push DOH and BNE to figure out how EHPs can get their narcotics licenses back? My residents are worse off since that happened.

A: This topic was brought to the attention of DOH and NYSCAL will continue to follow up.

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Q: We just had our survey, and it seemed to go pretty well. We had a couple of things we needed to fix and have done that with our POC. Weeks later we received a large civil monetary penalty, but it was never mentioned earlier. Are they able to do that?

A: Unfortunately, DOH can do that, and it seems to be happening more frequently as they are getting back to their surveys. Some facilities are noticing surveyors not disclosing information while on site, and they are informed after the fact. Given the noted large civil monetary penalty mentioned, you are encouraged to work with your lawyer. If you need additional legal assistance, NYSCAL can connect you with the appropriate representation.

NYSHFA | NYSCAL CONTACTS:

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