New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 487 - Standards For Adult Homes
Section 487.9 - Personnel

(i) orientation to the characteristics and needs of the population;

(ii) discussion of the residents' rights and the facility's rules and regulations for residents;

(iii) discussion of the duties and responsibilities of all staff;

(iv) discussion of the general duties and responsibilities of the individual(s) being trained;

(v) discussion relative to the specific duties and tasks to be performed;

(vi) training in emergency procedures; and

(vii) with respect to facilities subject to the Justice Center, training in the identification of reportable incidents, facility reporting procedures and, if the employee is a mandated reporter under section 488 of the Social Services Law or otherwise required to report under section 424-a of the Social Services Law, such person's responsibility to file reports under those provisions;

(viii) with respect to facilities subject to the Justice Center, provision of a copy of the code of conduct established by the Justice Center pursuant to section 554 of the Executive Law. Such code of conduct shall be provided at the time of initial employment, and at least annually thereafter during the term of employment. Receipt of the code of conduct must be acknowledged, and the recipient must further acknowledge that he or she has read and understands such code of conduct. Any other individuals, including contractors or other service providers who will or could have resident contact, and falling within the definition of custodian under section 488 of the Social Services Law, must also be provided with, and acknowledge receipt and understanding of, such code of conduct.

(i) individual employee records containing verification of qualifications for any position for which qualifications are set by regulation, medical evaluation, and any incident reports involving the employee;

(ii) payment records containing all wages, benefits, reimbursements, bonuses, gifts or payments given each employee;

(iii) with respect to facilities subject to the Justice Center, documentation that the facility has verified, through consultation with the Justice Center, prior to hiring the employee, volunteer, or contractor falling within the definition of custodian in section 488 of the Social Services Law, whether the individual is on the Justice Center's register of substantiated category one cases of abuse or neglect as established pursuant to section 495 of the Social Services Law (staff exclusion list) and, where such individual is not on such list, documentation that the facility has verified whether the individual is on the Office of Children and Family Services' Statewide Central Registry of Child Abuse and Maltreatment (State Central Registry); and

(iv) prior to hiring or otherwise engaging anyone who will or may have direct contact with residents, or approving credentials for any such person, the operator of a facility subject to the Justice Center shall follow the procedures established by the Justice Center in regulations or policy, to verify that such person is not on the Justice Center's staff exclusion list. If such person is not on the Justice Center's staff exclusion list, such operator shall also consult the State Central Registry as required by section 424-a of the Social Services Law. If such person is on the staff exclusion list, a facility subject to the Justice Center shall not hire or otherwise engage such person; if such person is not on the staff exclusion list but is on the State Central Registry, a facility subject to the Justice Center shall consider the inclusion of such person on the State Central Registry as a factor in its decision, but shall not be prohibited from hiring or otherwise engaging such person.

(i) the individual is free from any health impairment which is of potential risk to residents of an adult home or which might interfere with the performance of the individual's duties; and

(ii) that the individual has had:

(i) be emotionally, mentally and physically able, as required by function, to provide services and supervision to the population served by the facility; and

(ii) maintain personal hygiene and clothing which is clean and appropriate for the functions performed.

(i) be charged with direct responsibility for the supervision and personal care of residents; or

(ii) be permitted to work without onsite supervision.

(i) entered into without use of coercion or threats to the resident;

(ii) not substituted for services of paid employees as required elsewhere in this Part; and

(iii) not inconsistent with the physical or emotional needs or limitations of the resident.

(i) is entered into without use of coercion or threats to the resident;

(ii) is performed in return for fair compensation; and

(iii) meets all applicable requirements of Federal and State Labor Law.

(i) the name of each resident performing paid or volunteer services;

(ii) the tasks performed;

(iii) the rate, type and amount of compensation, if any; and

(iv) the hours and days worked.

(i) The administrator must be a licensed nursing home administrator, and must be in the adult home and accessible to residents at least eight hours each week.

(ii) The operator must provide a satisfactory written plan for supervision of the adult care facility, which includes:

(iii) The minimum hourly requirements for the combined on-duty presence of the administrator and assistant administrator shall be equal to those required in paragraphs (4) and (5) of this subdivision.

(i) supervision of the facility;

(ii) operation of the facility in compliance with law and regulations;

(iii) recruitment and general supervision of staff and volunteers;

(iv) supervision of resident services;

(v) admission, transfer and discharge of residents;

(vi) coordination with and development of community activities and services for residents;

(vii) maintenance of community relations;

(viii) protection of residents' rights and development of appropriate mechanisms for their protection;

(ix) maintenance of a system to enable residents to present grievances or recommendations regarding facility operations and programs; and

(x) investigation of and reporting to the department allegations of occurrences which would constitute a reportable incident.

(i) be at least 21 years of age;

(ii) be of good moral character, as evidenced by at least three recent letters of recommendation from individuals knowledgeable of the proposed administrator's background, qualifications and interest in the field of adult care;

(iii) in a facility with a capacity of 24 beds or less, have the following education and work experience:

(iv) in a facility with a capacity of 25 to 90 beds, have the following education and other experience:

(v) in a facility with a capacity of 90 beds or more, have the following education and other experience:

(i) consist of a minimum of 60 clock hours over a two-year period;

(ii) require the prior approval of the department;

(iii) include courses, workshops, educational seminars, conferences or college-level programs which are directly related to the fields of administration, supervision, program planning and services, human behavior, geriatrics, care of the mentally and physically disabled, social work, health care, financial management or nutrition; and

(iv) include, for the administrator of a facility with a significant number of mentally disabled residents, at least 15 hours of programming related to the care and treatment of the mentally disabled.

(i) be at least 18 years of age;

(ii) be mentally and physically capable of carrying out the duties of an administrator;

(iii) be knowledgeable of facility operations;

(iv) have access to records concerned with facility operations;

(v) be empowered to act on behalf of the operator during the administrator's absence concerning the health, safety, comfort and well-being of the residents; and

(vi) have had training to carry out assignments and take care of emergencies and sudden illnesses of residents.

(i) In facilities with less than 50 beds, the administrator may be designated in lieu of a qualified case manager.

(ii) In facilities with 50 or more beds, a qualified case manager shall be on staff and on duty on a pro rata basis for 0.5 hour per week per each additional bed, up to 40 hours per week.

(iii) In a facility where the administrator is acting as case manager, the operator must designate an employee in addition to the administrator to be a designated investigator and reporter of occurrences which would constitute a reportable incident. Nothing in this subparagraph shall relieve any mandated reporter of his or her legal obligations to report reportable incidents.

(i) the services and functions set forth in section 487.7(g) of this Part; and

(ii) investigation of and reporting to the department and, as applicable, to the Justice Center, allegations of occurrences which would constitute a reportable incident.

(i) a bachelor's or master's degree from an accredited college or university with major work in human resources or service delivery, and one year of full-time experience in the provision of services to a dependent adult population; or

(ii) an associate degree from an accredited college or university with major work in human resources or service delivery, and three years of full-time experience in the provision of services to a dependent adult population.

(i) In facilities with less than 50 beds, the administrator may be designated in lieu of a qualified activities director;

(ii) In facilities with 50 or more beds, a qualified activities director shall be on staff and on duty on a pro rata basis for 0.5 hour per week per each additional bed, up to 40 hours per week.

(i) an associate degree from an accredited college or university, or satisfactory completion of two years of college; in either case with major work in recreation or a related field; or

(ii) two years of full-time experience in the recreation field with a dependent, adult population.

(i) The operator shall develop and submit to the department, for approval, an inservice training plan for personal care staff which includes a plan for training new employees and an ongoing, in-service program for all personal care staff.

(ii) The ongoing, in-service program for all personal care staff shall be developed on a 12-month schedule, amended as necessary, and retained on file for department inspection.

(iii) Records documenting training shall be maintained for each personal care employee.

(i) a dietitian who has received a baccalaureate degree with major studies in food and nutrition or institutional management from an accredited college or university, is a member or eligible for membership in the American Dietetic Association, participates annually in continuing dietetic education, and has at least two years' full-time work experience in dietetics; or

(ii) a dietetic technician who has successfully completed an associate degree program which meets the educational standards established by the American Dietetic Association, and has at least three year's full-time work experience in dietetics.

(i) the name and address of the organization;

(ii) a designated contact person; and

(iii) a statement that the volunteer organization is able and willing to provide the specific volunteer information as required in paragraph (4) of this subdivision.