Updated Admission and Retention Standards Regulation Language

In a recent New York State Register there was a notice of adoption for the changes to the ACF Admission and Retention Standards regulation language to ensure adult care facilities are consistent with Federal, State and local laws.  This would include the Americans with Disabilities Act.  The regulations state that an operator shall not exclude an individual on the basis of an individual’s mobility impairment, and shall make reasonable accommodations to the extent necessary to admit such individuals consistent with federal, state and local laws.  The  language indicating that an operator cannot accept or retain any person who chronically requires the physical assistance of another person in order to walk or requires the physical assistance of another person to climb or descent stairs unless assignment on a floor with ground-level egress can be made has been removed from the regulations.

The new regulations can be found on the Department of Health website by visiting Laws and Regulations (at the bottom of the home screen) and searching Title 18, section 487.4 (Adult Home) and 488.4 (Enriched Housing Program).  If you need assistance in finding the new regulations, please reach out to me.

NYSCAL Contact:

Linda O’Connell
Coordinator of Member Support
518-462-4800, extension 13