900.14 Inspection by the department; certification by local social services districts;
additional reporting requirements.
(a) The department shall inspect any facility providing shelter and
services to homeless families for which a local social services district seeks
reimbursement to ensure that the facility is in compliance with all applicable laws,
regulations and standards set by the department, and to determine that the services and
care provided are adequate and appropriate and in conformance with the operational plan
approved for the facility.
(b) The facility must allow the commissioner and/or the commissioner's
designee full access at any time to its grounds, buildings, employees and residents, and
books and papers including, but not limited to the residents' case records.
(c) Inspection means periodic scheduled, announced or unannounced
onsite investigation at least once a year, including gathering of written, photographic,
or other physical evidence by staff of the department, during regular business hours
and/or at night or on weekends, for the purpose of determining facility compliance with
this Part and the operational plan for the facility.
(d) Following an onsite visit, the department must forward to the local
social services district and to the facility a written statement of findings resulting
from the visit including specific notation of areas where the facility fails to meet the
requirements of this Part and the operational plan for the facility.
(e) In order to receive reimbursement for families placed in a
facility, the local social services district must certify annually to the department that
each facility for which it seeks reimbursement for shelter and services provided to
homeless families is in compliance with all applicable State and local laws and
regulations as required by section 900.5 of this Part. In addition, within 90 days of the
end of the fiscal year for such social services district, the social services district
must submit an accounting statement for each facility for which it has an approved
operational plan. Such statement must detail costs incurred and reimbursement received
during the fiscal year pursuant to this Part for such facility. If, based on the
accounting statement for the fiscal year, the social services district anticipates that
income and expenditures during the remaining period covered by the facility's operational
plan will not conform to the proposed budget contained in the operational plan, the
district must also submit to the department for approval a revised proposed budget for
such remaining period. Within 90 days of the end of the periods specified in section
900.15(c)(3) of this Part, the social services district must provide to the department
written information, on forms and in the manner prescribed by the department, on those
families which have resided in a tier II facility beyond the time limitation specified in
that section.
(f) Upon receipt of a statement of findings noting areas where the
facility fails to meet the requirements of this Part, but in no case later than 30 days
following the date of issuance, the social services district must correct the deficiencies
or in the event that correction requires more than 30 days, submit an acceptable plan for
correction. The plan must be approved by the department. Upon notification by the
department that there has been a failure of a social services district in accordance with
subdivision (e) of this section to certify that a facility is in compliance with State and
local law and regulations, but in no case later than five days thereafter, the social
services district must submit to the department the required certification or provide an
explanation for its failure to do so along with a plan for submitting the required
certification within 30 days. The plan must be approved by the department.
(g) Notwithstanding any other provisions of this section, in the event
that an endangering condition exists and the department has found that the health, safety
or welfare of the public or any individual is in imminent danger, the department may issue
an order to correct such condition immediately or within any specified period of less than
30 days.
(h) Failure on the part of the facility to correct a noted deficiency
within the time period specified in an order issued pursuant to subdivision (g) of this
section, or to correct deficiencies or submit certification in accordance with subdivision
(f) of this section, may result in withholding or denial of reimbursement in accordance
with section 900.15 of this Part or withdrawal of approval of the facility's operational
plan. If approval of a facility's operational plan is withdrawn, a social services
district will no longer be reimbursed for the provision of shelter and services to
homeless families in such facility.
(i) Complaints of noncompliance may be submitted to the local district
by or on behalf of residents. Upon receipt of such a complaint, the local district must
determine whether the facility is in compliance and advise both the department and the
complainant of its findings. If the facility is not in compliance, the department must
issue a notice of noncompliance to the local social services district in accordance with
subdivision (d) of this section.