State Announces Change in Adult Home Regulations Admission and Reporting Requirements
(Oct. 1, 2024) In the Sept. 25th State Register, the Department of Health (DOH) posted a notice amending adult home admission and reporting requirements.
Sections 487.4 and 487.10 of Title 18 NY Codes, Rules, and Regulations (NYCRR) were amended to "clarify the pre-admission screening process and strengthen the reporting of residents with serious mental illness diagnoses." These changes were proposed in May and have been finalized, without change, effective Dec. 24, 2024.
The changes largely modify the admission process for facilities with a certified capacity of 80 beds or more in which 20 percent or more of the resident population are persons with Serious Mental Illness – i.e., transitional adult homes (see 18 NYCRR section 487.13(b)(1)). The changes made to section 487.4 relate specifically to the screening of individuals prior to admission to a transitional adult home.
The changes made to section 487.10 relate to determining if an adult home has met the criteria for being designated as a transitional adult home. The transitional adult home definition is an adult home with a certified capacity of 80 beds or more in which 20 percent or more of the resident population are persons with Serious Mental Illness as defined in section 487.2(c).
For the purpose of calculating the reporting threshold in this subdivision, if the facility has ever reported an individual as having Serious Mental Illness, such facility must continue to report that individual as having Serious Mental Illness until the Department or its designee has conducted a mental health evaluation of that individual to confirm a change in status and communicates written approval to the facility to discontinue reporting such individual as having Serious Mental Illness. Nothing in this paragraph shall require the Department or its designee to conduct an independent mental health evaluation for an individual who resides in an adult home that is not defined as a transitional adult home as of Jan. 1, 2022.
The regulation also adds to section 487.10(e) a new paragraph:
(5) For all facilities, a roster of all residents shall be submitted to the department on a quarterly basis in the manner prescribed by the department.
It is suggested that DOH will issue more guidance regarding this requirement, which is effective in December.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828