Important Clarifications for All Adult Homes
There has been some confusion about the newly adopted adult home regulations, so the following provides some clarifications for your convenience. First and foremost, there are changes to regulation that apply to all adult homes. There is also a section that relates only to “transitional adult homes," that is an adult home with a certified capacity of 80 beds or more, in which 25 percent or more of the resident population are persons with serious mental illness.
In regard to the changes that apply to all adult homes, the new regulations revise the definition of “serious mental illness." This is important in considering which of your residents may need a mental health evaluation. This is also the criteria used to help determine if an adult home meets the threshold for a “transitional adult home." The new definition reads:
“… individuals who meet criteria established by the commissioner of mental health, which shall be persons who have a designated diagnosis of mental illness under the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR, American Psychiatric Association, July 2000), and whose severity and duration of mental illness results in substantial functional disability.”
DOH issued further guidance on this definition, which can be accessed here.
The regulations also include a requirement that an operator must determine that the psychological needs, as well as the physical and social needs, can be met before admitting someone. The mental health evaluation has been added to the list of DOH-mandated forms, which DOH is currently developing. The regulations also require adult home operators to retain copies of mental health evaluations.
In addition, Title 18 NYCRR § 487.4 is also revised to require the mental health professionals conducting the evaluations meet certain criteria outlined by DOH in consultation with the Office of Mental Health. Essentially, each individual conducting mental health evaluations must meet certain criteria, and the operator of an adult home shall maintain proof of such qualifications for each individual conducting mental health examinations. The adult home operator must collect a curriculum vitae or resume that includes the individual’s name, educational background, current employment, professional licenses, professional experience, past positions held and current contact information for the individual. The information must be updated annually. For DOH guidance on this requirement, including criteria for qualified mental health evaluators, click here.
Lastly, the regulations reinstate the quarterly statistical report, which should be available soon.
Members are encouraged to review the amended regulations. Adult Home Regulations can be viewed here, using the 487 as a search. Click here for an analysis of the new regulations developed by LeadingAge New York. Click here for a DOH Question and Answer document regarding the new regulations.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828