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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91921
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Looking to open a Social adult day care center. Need help

Customer Question

Looking to open a Social adult day care center.
Need help to get daycare operator license and many other things to get it started.

Please let me know if you can help
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question, but are you looking for physical representation to get your day care open and getting permitting and zoning issues dealt with for you? Or are you simply seeking information?
Customer: replied 1 year ago.

BOTH.


im looking to open before august.


 


thanks

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, please understand that we cannot physically represent anyone from this site, it is strictly forbidden by the rules of this site. The only thing this service can provide, as explained in the terms of service, is information based on specific requests from customers. I do not know if possibly you have misunderstood that, but I need to make that clear to you so you do understand our rules and terms that the experts have to abide by.
Customer: replied 1 year ago.

ok I understand.


can you provide the info on my requests?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and understanding. Please also understand that once we have completed providing your information and also responding to all of your follow up questions you may have, you are expected to leave good/excellent feedback as that is the sole way the experts receive any credit for working with you and spending their time getting you the information you are seeking. You can use reply to expert for follow up questions and we can go back and forth as much as you need to get you the information you are seeking.

Would you please ask your specific questions that you would like information on and I will be more than happy to assist you.
Customer: replied 1 year ago.

I need info from begging to an end. Where to obtain and how, Licensing, Certification, and Other Requirements. How to get approved, etc...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Actually, NY is one of the few states for right now that has no specific licensing requirement for Adult Daycare centers. This means they are wholly unregulated in the state of NY and you do not have to apply for any special license or have specially licensed employees to work at this type of facility in the State of NY. Thus, you need to merely comply with the city building/zoning code regulations for the area in the city where you are located.

Each city has their own building and zoning codes for opening a business, which is what an adult daycare facility is considered because it is open to the public and you are conducting a business. Thus, when selecting your location it cannot be in a purely residential zoned area, it has to be in commercial or business or mixed zoning area.

You will be required to form a corporation or Limited Liability Corporation for your business, which can be done on the NY Secretary of State's website. Depending on the size of the business and expected income, generally the LLC is the easiest to form and maintain in the State of NY. The LLC is a flow through entity (unless you choose to be taxed like a corporation) and this means that all profits and losses are claimed on your personal income tax forms and the LLC files a tax form without paying taxes and issues a K-1 form to the members for their share of profits/losses for them to claim on their personal taxes. Of course, the LLC can be taxed like a corporation as well and this means then that the LLC pays corporate taxes and then the employees who take pay or members who take share of the profits then pay their own taxes only on what they take from the business. It is best if a member is going to work at the facility to take pay or wages instead of dividends (despite what some accountants say) because then you pay unemployment and SS taxes and while you pay more if you have to close or when you retire, this money is counted towards your unemployment benefits or SS benefits.

Once you form your corporation or LLC, then you obtain an EIN (tax ID) number from the IRS at http://www.irs.gov. This is free and can be done in minutes. You use this number on all tax forms and for paying employees as well. If you have employees you have to open up an account with the state unemployment division and pay unemployment taxes based on each employee and the total wages you are paying them. You also have to obtain workers compensation insurance through a local workers compensation insurance company.

Once you have set up your corporate entity, the next thing you need to do is obtain liability insurance. This means sitting down with an insurance agent and describing the whole set up of your business and they will write a policy covering you and your employees for any liability for anything that happens to a daycare client or anyone else on your premises. The amount of your coverage should be a minimum of $1million per claim, but your insurance agent will have to discuss that more in depth with you.

Once you obtain your insurance, you have to also have your building inspected for occupancy and make sure you are in compliance with all of the local building codes, which includes fire and CO2 detectors, multiple fire exits, handicapped access, bathrooms with handicapped access and other building codes, which again vary from city to city and borough to borough and the building inspector's office will provide you a checklist or a list of items you need to have in your building.

If you are going to serve the food, the kitchen must be in a separate area from the main areas and must be inspected by the Department of Health and you would need a certificate of inspection from them as well.

As far as accepting medicaid payments, this requires that your center receive approval from the NYS Department of Health as an individual center and all of the forms you need, including for meals reimbursement and daycare reimbursement eligibility for your patients. See: NYS Reimbursement Adult Daycare.

If you need more information, please ask specific questions as I just need to know what to look for you as NY is not very complex for getting one of these centers opened.




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Customer: replied 1 year ago.
Do I need to get a permit or a certificate?
Customer: replied 1 year ago.
Also, have you heard of anything like if they want to make new regulations.
And is there a possibility that they will close this daycare program?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

They have been trying to pass a law to make these adult centers get licensed like child care centers, but in the last 3 years they have not managed to pass such a licensing program.

As of right now the only permitting you need is your occupancy certificate from building inspectors and you need to form your corporation/LLC.

If they do pass a new law, then it is up to the legislature as to whether or not the already operating centers will have to get licensed, as it is up to them to decide to make a law like this retroactive or to give time to comply with the regulations, whatever they will be.

They would only close the program if the centers are supposed to have retroactive compliance or make them comply in the future and they do not do so. But right now there are no regulations because there is no law right now.
Customer: replied 1 year ago.

Today I spoke to a person that attends daycare.


And that person told me that he got informed that they will be closing daycare because


government whats to reduce the program.


 


How accurate is this information?


 

Customer: replied 1 year ago.

that government wants to keep only Health daycare centers, but get rid of Social daycare centers...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

The closing of the centers has to do with federal funding cutbacks because of the "sequester" or lack of Congress to pass a budget and this does not have anything to do with licensing or the things you asked above. This is a federal funding issue that is cutting government payment programs for many of these services, but this is for receiving federal payments for services and this is why the adult daycare centers may be forced to close.

The government is just prioritizing how they are spending the reduced federal funds they receive, but if a budget is finally passed these programs are likely to be funded again.
Customer: replied 1 year ago.
So it is very risky To open social daycare as of now.
When will we know the news about them passing this program??
Expert:  Law Educator, Esq. replied 1 year ago.
It is risky to open such a center and rely on collecting government payments for your clients, yes.

Congress has been arguing over a budget for months, but there is no end in sight, so I have no idea when we will know the news about them reinstating payments or what they are going to do with these programs I am afraid. You are asking the same question about the budget that everyone has been asking, when will Congress pass a budget so federal programs can be funded again.
Customer: replied 1 year ago.
Do you know when they will decide with that??
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. Unfortunately, only your legislature knows when they will decide anything. They are looking at their budgets of these social benefit programs and we as lawyers are in the same boat as other citizens in that unless you are working in the legislature there is no way to know if they are going to make cuts in this program or when they will make the cuts.
Customer: replied 1 year ago.
Is there a site on updates about this info??
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. For now, what the legislature and local governments are doing are only available by you watching and reading the news as there are no specific sites available for that.

However, you can also contact the NYS Department of Health at the website I provided you above as they are the ones who have to implement the reimbursement programs.
Customer: replied 1 year ago.

I tried to find their number,


I couldn't find it on their website.


 


can you help me find it?


thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for returning. I have noticed that I have invested considerable time with you and you have not clicked on excellent service feedback and your customer feedback history is very poor. No offense intended, but the only way the experts receive anything at all for working with customers is by the customer leaving excellent service feedback and if you do not the expert gets nothing at all. Again, no offense intended, but many customers do not know this and do not understand the operation of the site.

This is their adult care complaint line, which is the general number and they can refer you, but because they do not get information on laws until the legislature passes them and they are then told to write the regulations they may not know either: 1-866-893-6772.

Also you can try the NY Adult Daycare Services Association (which is a private entity that daycare centers belong to) at: http://nysadultday.com/contact-us.html This association advocates and lobbies for adult daycare centers.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91921
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

If possible, please let me know if you hear any news about this topic.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. I just did another check for any recent news and there is no new news about them deciding to impose or pass regulations as of today.
Customer: replied 1 year ago.
Thanks. Will wait for the updates from you.
Expert:  Law Educator, Esq. replied 1 year ago.
There have been no updates as of Friday. I see no changes coming in the near future to terminate the program or change the rules as no other bills have been filed to do so. I am afraid I do not represent you as your attorney (as explained in our terms of service), so I cannot keep an eye out indefinitely on this subject matter. I thank you for understanding that.
Customer: replied 1 year ago.
I understand.
Do you know the amounts of what the social day care
Bills?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

Each center bills differently, but it can range from $50per day and up per person, depending on the care needed.
Customer: replied 1 year ago.
Can I use a link that you gave to apply and get license for day care??
I really need step by step instructions.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. Perhaps you misunderstood everything we have been talking about, but there is NO LICENSE required for adult daycare in NY at this time.

The only thing you need is to form a corporate entity and I gave you the steps to do that above, step by step. You need to get your tax ID from the IRS, which I gave you step by step instructions above. You then need to call a local insurance agent to get liabilty insurance and have your building inspected for occupancy by the local building code inspector and health department.
Customer: replied 1 year ago.
Where can I get provider number for medicare
And madicaid?
Expert:  Law Educator, Esq. replied 1 year ago.
Here is the NY Medicaid Adult Day care provider information.

Here is the NY Medicare provider information.

You can apply, but as of Friday, NY has put a hold on approving applications for funding issues, so it may take several months.
Customer: replied 1 year ago.
What funding issues? U mean get funded by goverment?
Expert:  Law Educator, Esq. replied 1 year ago.
Yes, it seems NY, like many other states is having issues getting funding from the federal government for the programs because Congress has not passed a budget yet, so many federal programs are on hold.
Customer: replied 1 year ago.
When you say funding what do you mean by that?
Expert:  Law Educator, Esq. replied 1 year ago.
The federal government provides money to the states to pay for these programs and right now the federal government has no budget so they have stopped giving money to the states and as a result the states are running out of money and have to hold these programs back until they get more money from the federal government.
Customer: replied 1 year ago.
Understand. But how come so many centers are opening and planing to open asap?
Expert:  Law Educator, Esq. replied 1 year ago.
The centers can open, they just cannot be approved for receiving government benefits for payment for services right now as there is a hold on those applications.
Customer: replied 1 year ago.
Ok. Funds on hold on medicare or medicaid?
Expert:  Law Educator, Esq. replied 1 year ago.
From what I have seen for right now, only medicaid applications for new providers are on hold.
Customer: replied 1 year ago.

medicaid doesnt really pay anyways.
If medicare is not on hold then its good, because many of health insurances are part of medicare managed plans,
Im I correct?

Expert:  Law Educator, Esq. replied 1 year ago.
You are correct, yes. For now, there is no hold on new medicare providers.
Customer: replied 1 year ago.

So basically if we concentrate on medicare and their managed plans, we have nothing to worry correct?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, that is correct. You should have no issues qualifying as a medicare provider for the day care.
Customer: replied 1 year ago.

when you said NY has put a hold on approving applications for funding issues, I thought that you can't do anything in general.

Expert:  Law Educator, Esq. replied 1 year ago.
From what I have seen, it is just the new medicaid provider applications that are on hold in NY.
Customer: replied 1 year ago.

need to make sure that its just medicaid and not medicare

Expert:  Law Educator, Esq. replied 1 year ago.
I understand, as of now I see only medicaid new provider applications are being held up. That may change in the future, but it has not been mentioned yet.

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