§ 461-a. Responsibility for inspection and supervision. 1. The\ndepartment shall be responsible for the inspection and supervision of\nall adult care facilities subject to the provisions of section four\nhundred sixty-c of this chapter; provided, however, that the department\nshall by a written cooperative agreement entered into by October first,\nnineteen hundred seventy-seven, develop a system of joint inspection\nwith the department of mental hygiene, with respect to any such facility\nproviding residential care to a significant number of mentally disabled\npersons.\n 2. (a) With respect to adult care facilities the department shall\nconduct a minimum of one unannounced inspection of each such facility to\ndetermine the adequacy of care being rendered, pursuant to the\nfollowing:\n (1) Such facilities receiving the department's highest rating shall be\ninspected at least once every eighteen months on an unannounced basis.\n (2) All other such facilities shall be inspected on an unannounced\nbasis no less than annually. The commissioner may provide for more\nfrequent inspections of any such facilities. Such inspection shall not\nbe required with respect to any facility for which the commissioner has\ndelegated responsibility for inspection and supervision to a social\nservices official pursuant to section four hundred sixty-c of this\nchapter. Any employee of the department or a social services district\nwho gives or causes to be given advance notice of such unannounced\ninspections to any unauthorized persons shall, in addition to any other\npenalty provided by law, be suspended by the department or the social\nservices district from all duties without pay for at least five days or\nfor such greater period of time as the department or social services\ndistrict shall determine. Any such suspension shall be made by the\ndepartment or social services district in accordance with all other\napplicable provisions of law.\n (b) The department or a social services district, where appropriate,\nshall each year conduct a minimum of one full inspection of each adult\ncare facility. Such inspection shall include, but shall not be limited\nto, examination of the medical, dietary and social services records of\nthe facility as well as the minimum standards of construction, life\nsafety standards, quality and adequacy of care, rights of residents,\npayments and all other areas of operation. The purpose of any inspection\nshall be to determine compliance with requirements of applicable\nprovisions of law and regulations of the department.\n (c) An inspection report shall be made of each inspection which shall\nclearly identify and indicate in detail each area of operation,\nincluding, but not limited to, the premises, equipment, personnel,\nresident care and services, and whether each such area of operation or\nany of its component parts is or is not in compliance with the\nregulations of the department and all other applicable requirements. It\nalso shall identify those areas of operation or any of its component\nparts found not in compliance as a result of failure in systemic\npractices and procedures. The operator shall be notified of the results\nof the inspection in a manner to be determined by regulations of the\ndepartment. Such notification shall contain directions as may be\nappropriate as to the manner and time in which compliance with\napplicable requirements of law or regulations of the department shall be\neffected. The department shall also require the operator of an adult\nhome or residence for adults to develop, biannually update and implement\nplans for quality assurance activities for each area of operation.\nQuality assurance activities include but are not limited to, development\nand maintenance of performance standards including infection control,\nmeasurement of adherence to such standards and to applicable state and\nlocal laws and regulations, identification of performance failures,\ndesign, and implementation
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