DAL 14-07: ALP Chairfast Bill

October 31, 2014
DAL#: DAL 14-07 ALP Chairfast Bill

Dear Adult Care Facility Operator:

The purpose of this letter is to inform Adult Care Facility (ACF) Operators and Administrators that new legislation was enacted on October 23, 2013 which amended the Social Services Law, Section 461-1(d) to authorize an Assisted Living Program (ALP) to admit or retain residents who are chairfast under certain circumstances.

In order for an ALP to admit or retain residents who are chairfast:

The facility must:

  • be equipped and staffed to meet the needs of the resident;
  • the resident's physician must approve of the placement;
  • the resident must have a stable medical condition; and
  • the resident must be able, with direction, to take action sufficient to assure self-preservation in an emergency.

A resident would be ineligible if that individual is:

  • in need of continual nursing or medical care;
  • chronically bedfast; or
  • cognitively, physically or medically impaired to such a degree that his or her safety would be endangered.

Assisted Living Programs wishing to admit or retain such individuals must inform the Department of Health by contacting Linda O'Connell at (518) 408-1133. The above criteria will be verified by the Regional Office during surveillance activities.

Sincerely,

Valerie A. Deetz, Director
Division of Adult Care Facility and Assisted Living Surveillance