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.
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