* § 461-k. Services for non-residents in certain adult care
facilities. 1. (a) "Services for non-residents in adult homes,
residences for adults and enriched housing programs" shall mean an
organized program of services which the facility is authorized to
provide to residents of such facility but which are provided to
non-residents for the purpose of restoring, maintaining or developing
the capacity of aged or disabled persons to remain in or return to the
community. Such services may include but shall not be limited to day
programs and temporary residential care as defined herein. A person
participating in a program of services for non-residents in an adult
care facility shall be considered a resident of the facility and shall
be afforded all the rights and protections afforded residents of the
facility under this chapter except that the provisions of sections four
hundred sixty-one-g and four hundred sixty-one-h of this title relating
to termination of admission agreements shall not apply and that persons
receiving services pursuant to this section shall not be considered to
be receiving residential care as defined in section two hundred nine of
this chapter for purposes of determining eligibility for and the amount
of supplemental security income benefits and additional state payments.

(b) "Day programs" shall mean an organized program for non-residents
which shall include personal care, supervision and other adult services
which the facility is authorized to provide to residents of such
facility which may include but are not limited to, activities, meals,
information and referral, and transportation services, provided in an
adult home, residence for adults or enriched housing program.

(c) "Temporary residential care" shall mean the provision of temporary
residential care of frail or disabled adults on behalf of or in the
absence of the caregiver for up to one hundred twenty days in any twelve
month period, provided in an adult home, residence for adults or
enriched housing program.

2. A program to provide services for non-residents in an adult care
facility may be established and operated in an adult home, residence for
adults or enriched housing program provided that such facility has a
current operating certificate issued in accordance with section four
hundred sixty-one-b of this title. No operator may establish and operate
a day program to provide services for non-residents, as defined in
subparagraph (b) of subdivision one of this section, unless the operator
has received the prior written approval of the department. The
department shall grant such approval to operate a day program only to
those operators that are operating in compliance with applicable law and
regulations. No operator may provide temporary residential care as
defined in subparagraph (c) of subdivision one of this section, unless
the operator has notified the department of its intent to do so.

3. Every program of services for non-residents must be established and
operated in a manner designed to ensure that such program neither
impairs the effective operation of the facility nor lessens the quality
of care provided to the facility residents.

4. The department shall promulgate regulations to carry out the
purposes of this section, including, but not limited to, provisions
regarding certification, inspection, supervision, enforcement,
penalties, records and reports, public need, fiscal, administrative,
architectural, safety, nutrition, duration of service, program
standards, information and referral, admission and discharge standards,
written service agreements for day services programs and modified
admission agreements for temporary residential care programs and
operator responsibility for services and supervision. The department
shall have authority to enforce such regulations in the same manner and
to the extent it has authority to enforce regulations promulgated
pursuant to sections four hundred sixty-a through four hundred sixty-f
and sections four hundred sixty-one through four hundred sixty-one-e of
this article.

5. The department may waive the determination of public need when an
adult care facility is requesting approval to utilize no more than five
beds or five percent of its certified capacity, whichever is less, for
temporary residential care.

* NB Expires July 1, 2026