N.Y. Comp. Codes R. & Regs. tit. 10, § 425.6 – Admission, continued stay and registrant assessment.

(a) The operator must:
1. (1) select, admit and retain in the adult day health care program only those persons for whom adequate care and needed services can be provided and who, according to the comprehensive assessment conducted by the operator or by the managed long term care plan or care coordination model that referred the applicant to the adult day health care program, can benefit from the services and require a minimum of at least one visit per week to the program;
2. (2) assess each applicant, unless the assessment was conducted by a managed long term care plan or care coordination model that referred the applicant to the adult day health care program, utilizing an assessment instrument designated by the department, with such assessment addressing, at a minimum:
  1. (i) medical needs, including the determination of whether the applicant is expected to need continued services for a period of 30 or more days from the date of the assessment. An operator may request approval by the appropriate department regional office for an exemption, based on special circumstances, to the requirement for determining whether there is a need for continued services for 30 days or more;
  2. (ii) use of medication and required treatment;
  3. (iii) nursing care needs;
  4. (iv) functional status;
  5. (v) mental/behavioral status;
  6. (vi) sensory impairments;
  7. (vii) rehabilitation therapy needs, including a determination of the specific need for physical therapy, occupational therapy, speech language pathology services, and rehabilitative, restorative or maintenance care;
  8. (viii) family and other informal supports;
  9. (ix) home environment;
  10. (x) psycho-social needs;
  11. (xi) nutritional status;
  12. (xii) ability to tolerate the duration and method of transportation to the program; and
  13. (xiii) evidence of any substance abuse problem;
3. (3) register an applicant only upon appropriate recommendation from the applicant's practitioner after completion of a personal interview by appropriate program personnel;
4. (4) register an applicant only after determining that the applicant is not receiving the same services from another facility or agency.
(b) An individual may be registered in an adult day health care program only if his/her comprehensive assessment indicates that the program can adequately and appropriately care for the physical and emotional health needs of the individual.
(c) No individual suffering from a communicable disease that constitutes a danger to other registrants or staff may be registered or retained for services on the premises of the program.
(d) The operator may admit, on any given day, up to 10 percent over the approved capacity for that program. The average annual capacity, however, may not exceed the approved capacity of the operator's program.