NYSDOH Adult Care Facility DALs re wheelchairs and hot weather

The New York State Department of Health (NYSDOH) has issued two new DALs that should be reviewed if they have not.

DAL 18-16: Amended 18 NYCRR Regulations

This May 30, 2018 DAL alerts adult care facilities that regulations have been put into place that prevent providers from excluding applicants solely on the basis that the applicant uses a wheelchair for his/her primary means of mobility.

What’s been added: The language of the amended regulation now states: “An operator shall not exclude an individual on the sole basis that such individual is a person who primarily uses a wheelchair for mobility and shall make reasonable accommodations to the extent necessary to admit such individuals, consistent with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. and with the provisions of this section.”

What’s been removed: The updates to the regulations remove the provision to prohibit facility operators from accepting applications who are “chronically chairfast” and who are unable to transfer themselves or “chronically” require physical assistance from another person for transfer.

Read the DAL here.

DAL 18-17: Warm Weather Advisory

NYSDOH issued a DAL on June 14, 2018 reminding providers of their obligation related to protecting residents when there is warm weather. When outside temperatures exceed 85 degrees, providers are required to:

  • Take measures to maintain a comfortable environment for residents
  • Monitor residents’ exposure and reactions to the heat
  • If needed, arrange for health care and/or temporary relocation of residents
  • Have one common room that is air conditioned. The AC in the common rooms is expected to be turned on and the air temperature monitored on an hourly basis in all common areas as well as non-air conditioned rooms throughout the facility on each floor in various locations. For facilities with central AC, hourly monitoring does not need to be completed.

Read the DAL here.

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