N.Y. Comp. Codes R. & Regs. tit. 18, § 492.3 – General requirements.

(a) No day program for nonresidents of adult homes, residence for adults or enriched housing programs can be operated without prior written approval of the department.
(b) When the department approves an application it will issue a letter of authorization to the operator of an adult home, residence for adults or enriched housing program to provide services to nonresidents of such facilities. The letter of authorization will specifically refer to the ability of the operator to provide day program services to nonresidents of such facilities. Such authorization is subject to periodic review.
(c) When overnight care is provided to nonresidents of adult homes, residences for adults or enriched housing programs, the capacity of such facilities cannot exceed the capacity authorized for such facilities.
(d) At the time of application to operate a day program for nonresidents, the operator must submit to the department a written description of the proposed program including, but not limited to:
1. (1) a description of the services to be provided to nonresidents and a description of how such services would be coordinated with the services provided to permanent residents;
2. (2) a description of the physical space to be used including plans for how such space is to be used and coordinated with the space used by the permanent residents;
3. (3) the number of staff engaged in delivering services to nonresidents, including duties, hours to be worked and staff qualifications and how such staff would be coordinated with existing staff;
4. (4) the number of participants to be served during the day, evening and night;
5. (5) a description of how the participants' community-based plan of care, if any, will be used and coordinated with the nonresident services program;
6. (6) a description of the information and referral services to be provided to participants and the participants' caregivers;
7. (7) the transportation services, if any, which are available to participants;
8. (8) the program's financial policies and procedures;
9. (9) the program's budget;
10. (10) proposed forms, including any agreements which nonresidents must sign; and
11. (11) plans to insure that participants, staff and volunteers are included in the provisions for disaster and emergency planning contained in sections 487.12 and 488.12 of this Title.
(e) The facility must provide space, equipment and furnishings equivalent to those required for the facility for each participant in a day program for nonresidents. Space used by participants may be shared with that space required for residents of adult homes and enriched housing programs according to sections 487.11 and 488.11 of this Title provided that such use does not interfere with the care and comfort of such residents. The space set aside for day program services is subject to department approval based upon the program proposal submitted by the operator.
(f) Beds used for nightcare participants must:
1. (1) be specifically designated for the program; and
2. (2) must not be situated in a resident's room.
(g) The number of participants accepted for day program services must be limited as specified in the program proposal submitted by the operator and approved by the department.
(h) Space used for day program services must be in an area specifically designated for resident occupancy, or in an area which meets all environmental and fire safety requirements for the facility.
(i) The day program services provided to participants must be provided in a manner which is consistent with the department's regulations concerning the applicable facility, including regulations which set forth the rights of the residents of such facility.
(j) Proposed changes in a day program, including but not limited to substantial changes in the space allocated for day program services and the utilization thereof, the extent and type of services provided, and the number of participants, must be submitted to the department in writing. Such changes must be made only upon the prior written approval of the department.
(k) The operator of an adult home, residence for adults or enriched housing program must not discontinue operation of a day program for nonresidents without written notification to the department and each participant in the program and the participant's caregiver or representative, not less than 60 days prior to the date that services are expected to be discontinued.