§ 21-204 Social adult day care.
AC § 21-204
a.
1.All social adult day cares that do not receive funding pursuant to section two hundred fifteen of the elder law shall meet the standards and requirements of any rules or regulations promulgated by the director of the office for the aging pursuant to such section related to program standards and participant rights, notwithstanding the fact that such social adult day cares do not receive such funding. For the purposes of this section, any reference to an "area agency on aging" in such rules and regulations means the department and any reference to a "participant" in such rules and regulations means an adult individual who is functionally impaired as defined in such rules and regulations and is eligible for and is receiving services from a social adult day care. Any references to "functionally impaired" and "social adult day care program" in such rules and regulations shall have the same meanings set forth therein.
2.All social adult day cares shall carry out the provisions of this section in accordance with all applicable provisions of the Americans with disabilities act of nineteen ninety. b. Registration.
3.The department and officers and employees of city agencies designated by the mayor shall have the authority to issue notices of violation, returnable at the environmental control board, any administrative tribunal within such designated agency, or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, for violations of this section or any rules promulgated by the department pursuant to such section. d. Social adult day care ombudsperson.
4.Not later than January 1, 2016 and annually thereafter, the ombudsperson shall provide a written report to the council regarding social adult day cares. Each such report shall include, but not be limited to: (i) the total number of social adult day cares and the name and street address of each such social adult day care; (ii) the total number of complaints received by the ombudsperson; (iii) a general description of the reason for each such complaint; (iv) the total number of investigations conducted by the ombudsperson, a general description of the reason for each such investigation, any findings that a social adult day care has violated of subdivision a of this section, and the outcome of each such investigation; (v) the total number of notices of violation issued pursuant to subdivisions a and c of this section, disaggregated by the specific violation for which such notice was issued; (vi) the total number of social adult day cares that failed to register pursuant to subdivision b as of the date of such report; and (vii) any recommendations regarding the operation of social adult day cares.
5.Except as otherwise required by law, the department shall not share information that identifies any individual who made a complaint to the ombudsperson. e. Online public searchable database of social adult day cares.
