N.Y. Comp. Codes R. & Regs. tit. 14 § 686.15

Current through Register Vol. 46, No. 50, December 11, 2024

Section 686.15 - Utilization of temporary use beds and vacant beds

(a)Principles of compliance.

(1) A supervised community residence or individualized residential alternative (see section 686.16 of this Part) of four beds or more, may elect to have a bed(s) designated on its operating certificate as a temporary use bed(s) for time-limited stays of persons with developmental disabilities. Temporary use beds shall be included in a facility's certified capacity (see glossary, section 686.99 of this Part) and shall be used for respite, trial visits, therapeutic stays and emergency housing. For all purposes but trial visits, it is expected that the person will return to his or her permanent residence following the stay and therefore shall not be subject to the facility's admission process; a person who is on a trial visit which results in acceptance for permanent residency shall be admitted subsequent to that acceptance. Temporary use beds shall be used in accordance with the following:

(i) To offer respite (see glossary, section 686.99 of this Part) to a primary caregiver who is either a family member, a legal guardian, a correspondent, or a family care provider.

(a) Overnight Respite may be provided for no more than forty-two (42) days in a one-hundred-eighty (180) day period. After the forty-two (42) days, any continued overnight billing will be limited to the regional average daily rate paid for Supervised IRA services.

(b) In providing respite, the facility shall assume the daily responsibilities of the primary caregiver, limited to:

(1) room and board;

(2) 24-hour supervision;

(3) health and self-care services including overseeing routine medical care and managing any medical emergency; and

(4) coordination of the established treatment program.

(ii) For a trial visit for a person who is being considered for admission to the supervised community residence.

(a) For any given person, at a given site, the number of trial visit days shall not exceed seven in a continuous six-month period.

(b) During a trial visit the facility shall provide room, board, necessary supervision and those services required to assess the person's appropriateness for admission to the residence.

(iii) For a therapeutic stay provided to meet a person's need for short-term therapeutic programming.

(a) A therapeutic stay shall be provided only to those persons who reside in and are on leave from either a family care home, a supportive community residence, or another supervised community residence; or to persons who reside with family, or who live independently.

(b) For any given person, at a given site, a therapeutic stay shall not exceed 30 consecutive days.

(c) During a therapeutic stay, the facility shall provide room, board, necessary supervision and those services necessary to meet the person's needs and conform with the plan of services developed and monitored by the person's case manager.

(iv) For emergency housing provided to a person who requires alternate housing due to a natural disaster which rendered the person's existing residence temporarily uninhabitable (e.g., due to fire, extended power failure, etc.), due to abandonment by the person's primary caregiver, or a documented inability of the primary caregiver to continue to serve the person.

(a) Emergency housing shall be provided only to those persons who reside in a family care home, a supportive community residence, another supervised community residence, with family, or who live independently.

(b) The length of an emergency housing stay shall be no more than 90 days. any extension of an emergency stay beyond 90 days shall be approved by OPWDD.

(c) The facility shall provide room and board, necessary supervision and those services necessary to minimally meet the person's needs during the emergency stay.

(2) A supervised community residence or individualized residential alternative (see section 686.16 of this Part) of four beds or more, may use a vacant certified bed (other than a bed designated as a temporary use bed) for respite, trial visits, therapeutic stays or emergency housing in accordance with subparagraphs (1)(i)-(iv) of this subdivision. Those persons who occupy a vacant certified bed for short-term purposes shall not be subject to the facility's admission process; a person who is on a trial visit which results in acceptance for permanent residency shall be admitted subsequent to that acceptance. Utilization of a vacant, certified bed for such temporary purposes shall:

(i) Occur, if and only if, there is no waiting list for admission to the facility. Exceptions shall be made for a trial visit of a person on the waiting list or for provision of emergency housing.

(ii) Be limited to 90 days. Where a vacant, certified bed has either been used for short- term purposes only or remained vacant throughout a 90-day period, it shall be converted to a temporary use bed on the facility's operating certificate unless there are plans:

(a) for immediate use of the bed by an admitted individual; or

(b) to remove the bed from the facility's certified capacity.

(3) In establishing occupancy of temporary use beds or vacant certified beds for the purposes as described in paragraphs (1) and (2) of this subdivision, the evacuation capability of the person shall be determined in accordance with the following:

(i) In supervised community residences or individualized residential alternatives (see section 686.16 of this Part), certified under chapter 32 or 33 of the 2000 edition of the NFPA 101 Life Safety Code, the classification assigned to the residence of either "prompt" or "slow" shall not be changed by the addition of the person in question. That is, the evacuation capability of the person, when considered with the evacuation capability classification of the entire facility, shall not result in a change in category without the facility making the necessary adjustments to maintain conformance with the facility's existing classification prior to admitting the person.

(ii) In a non-chapter 32 or 33 facility, the person in question shall be determined to be able to evacuate the facility without assistance within 2.5 minutes in a supervised community residence or 3.0 minutes (with assistance, when necessary) in an individualized residential alternative.

(4) A supportive community residence may use a vacant certified bed for two short term purposes only; these are trial visits and emergency housing. They shall be provided in accord- ance with the following:

(i) a trial visit may be provided to a person with developmental disabilities who is being considered for admission to the facility.

(a) For any given person at a given site, the number of trial visit days shall not exceed seven in a continuous six-month period.

(b) during the trial visit, the facility shall provide room, board, and those services required to assess the person's appropriateness for admission to the residence.

(ii) Emergency housing may be provided to a person with developmental disabilities who requires alternate housing due to a natural disaster which rendered the person's residence temporarily uninhabitable (e.g., due to fire, extended power failure, etc.).

(a) Emergency housing shall be provided only for persons whose residence is either another supportive community residence or an independent living situation.

(b) Room, board and case management services shall be provided during an emergency stay.

(c) The length of an emergency housing stay shall be no more than 90 days. Any extension of an emergency housing stay beyond 90 days shall be approved by OPWDD.

(b)Standards of certification.

There are no standards of certification.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 686.15

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff.11/1/2015

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register September 27, 2017/Volume XXXIX, Issue 39, eff. 9/27/2017