N.Y. Social Services Law 489 – Applicability
§ 489. Applicability. The provisions of this article shall apply to facilities and provider agencies provided, however, nothing in this article shall be deemed to relieve any facility or provider agency or custodian thereof covered by this article of its or their obligations to comply with the requirements of federal laws or regulations to which that facility, provider agency or custodian thereof is subject, including any requirements that are a condition of federal financial participation in medical assistance payments. To the extent that federal requirements conflict with any of the provisions in this article, the federal requirements shall supersede the conflicting provisions in this article with respect to any such facility or provider agency.
Terms Used In N.Y. Social Services Law 489
- Custodian: means a director, operator, employee or volunteer of a facility or provider agency; or a consultant or an employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to a facility or provider agency pursuant to contract or other arrangement that permits such person to have regular and substantial contact with individuals who are cared for by the facility or provider agency. See N.Y. Social Services Law 488
- provider agency: shall mean :
(a) a facility or program in which services are provided and which is operated, licensed or certified by the office of mental health, the office for people with developmental disabilities or the office of addiction services and supports, including but not limited to psychiatric centers, inpatient psychiatric units of a general hospital, developmental centers, intermediate care facilities, community residences, group homes and family care homes, provided, however, that such term shall not include a secure treatment facility as defined in § 10. See N.Y. Social Services Law 488