A. General Requirements.
A Provider shall allow designated representatives of DSS in the performance of their mandated duties to inspect all aspects of a Provider’s functioning
which impact on residents and to interview any staff member or resident (if the resident agrees to said interview).
1. A Provider shall make any information or records that the Provider is required to have and any information reasonably related to the assessment of compliance with
these requirements available to DSS.
2. The resident’s rights shall not be considered abridged by this requirement.
B. Governing Body.
A Provider shall have an identifiable governing body with responsibility for and authority over the policies and activities of the program/agency.
1. A Provider shall have documents identifying all members of the governing body, their addresses, their terms of membership, and officers of the governing body,
and terms of office of any officers.
2. When the governing body of a provider is comprised of more than one person, the governing body shall hold formal meetings at least twice a year. There shall be
written minutes of all formal meetings and bylaws specifying the frequency of meetings and quorum requirements.
3. When the governing body is composed of only one person, this person shall
assume all responsibilities of the governing body.
C. Responsibilities of a Governing Body.
The governing body of a provider shall:
1. ensure the provider’s compliance and conformity with the provider’s charter or other organizational documents;
2. ensure the provider’s continual compliance and conformity with all relevant federal, state, local, and municipal laws and regulations;
3. ensure that the provider is adequately funded and fiscally sound;
4. review and approve the provider’s annual budget;
5. designate a person to act as Administrator and delegate sufficient authority to this person to manage the provider (a sole owner may be the administrator);
6. formulate and annually review, in consultation with the Administrator, written policies concerning the provider’s philosophy, goals, current services, personnel
practices, job descriptions, and fiscal management;
7. annually evaluate the Administrator’s performance (if a sole owner is not acting as administrator);
8. have the authority to dismiss the Administrator (if a sole owner is not acting as administrator);
9. meet with designated representatives of DSS whenever required to do so;
10. inform designated representatives of DSS prior to initiating any substantial changes in the services provided by the provider; and,
11. notify the Bureau of Licensing in writing at least 30 days prior to any change in ownership. When a change of director occurs, the Bureau shall be notified in
writing of the following within 10 working days of the change:
a. name and address of the new Director;
b. hire date; and,
c. résumé and credentials documenting qualifications as a Director (See 8819.B).
D. Jurisdictional Approvals.
The Provider shall comply and show proof of compliance with all relevant standards, regulations, and requirements established by the state, local, and
municipal regulatory bodies. It is the Provider’s responsibility to secure the following approvals:
1. the DSS Bureau of Licensing;
2. the Office of Public Health;
3. the Office of State Fire Marshal;
4. the City Fire Department, if applicable; and,
5. the applicable local governing authority (e.g., Zoning, Building Department, or Permit Office).
E. Accessibility to Executive. The Director or person authorized to act on behalf of the
Director shall be accessible to facility staff or designated representatives of DSS at all times.