The New York State Department of Health (DOH) adopted
regulations effective February 22, 2023, which clarify certain resident admission and retention standards applicable to adult care facilities (ACFs), including adult homes, residences for adults, and enriched housing programs. The DOH stated that its rationale for the changes is to ensure that ACFs comply with the Americans with Disabilities Act (ADA).
Among the changes are that the ACF must not exclude an individual from being admitted to a facility on the basis of the individual’s mobility impairment, while imposing a requirement that the ACF must make reasonable accommodations in accordance with applicable federal, state, and local laws to admit the individual.
The adopted regulations also eliminate language prohibiting an ACF operator from accepting or retaining any person who chronically requires the physical assistance of another person in order to walk, or to climb or descend stairs, unless the person can be assigned to a floor with ground-level egress.
