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 489 - Adult Care Facilities Standards for Family-type Homes
Section 489.13 - Personnel

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 489.13

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The operator shall provide service mandated by statute and regulation.

(b) If the operator elects to purchase services, the operator shall remain solely responsible for the quality of care and for compliance with applicable law and regulation.

(c) The operator shall orient and train employees and volunteers in the following:

(1) residents' rights and the home's rules and regulations for residents;

(2) procedures and/or regulations relative to the specific duties to be performed;

(3) emergency procedures; and

(4) in the characteristics and needs of the population served by the home.

(d) The operator shall attend orientation and training sessions as may be required by the department or the local department of social services.

(e) Substitute caretaker requirements.

(1) The substitute caretaker shall:
(i) be at least 18 years old;

(ii) be of good character;

(iii) be mentally and physically capable of operating the home, including handling emergencies;

(iv) be knowledgeable of the operation of the home, including evacuation procedures; and

(v) have access to records related to resident care.

(2) If, on a regular basis, the operator is absent for 20 or more hours a week, the substitute caretaker shall fulfill the requirements of section 489.3(b)(2)-(5) of this Part.

(f) The operator shall complete an approved basic first aid training course.

(g) In accordance with section 489.4 of this Part, at the time of application and all subsequent renewals of a certificate to operate a family-type home, the operator(s) and any substitute caretaker who works 20 hours or more per week must submit to the social services district a signed and dated statement from a physician indicating that the operator or substitute caretaker is physically and mentally capable of providing care to dependent adults. Department form Medical Evaluation (Operator) (DSS-3239) or an approved local equivalent may be used. The social services district may require additional medical evaluations if it has reason to believe that an operator or substitute caregiver no longer is physically or mentally capable of providing adequate care to dependent adults.

(h) No individual who is actively addicted to or dependent on alcohol, narcotics, stimulants, hallucinogenic drugs or other such drugs shall be employed or permitted to work, either as an employee or volunteer.

(i) No individual shall be permitted to work, either as an employee or volunteer, if infected with a communicable disease that might endanger the health of residents or others.

(j) Persons under 18 years of age shall not be:

(1) charged with direct responsibility for the supervision and personal care of residents; and

(2) permitted to work without onsite supervision.

(k) Use of residents as volunteers in the home shall be permitted only to the extent that such voluntary services are entered into without use of coercion or threats to the resident.

(l) Employment of a resident in the home shall be permitted only to the extent that such employment is:

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

(2) performed in return for fair compensation;

(3) meets all applicable requirements of State Labor Law; and

(4) approved by the local department of social services.

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