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 492 - Adult-care Facilities Standards For Day Programs For Nonresidents
Section 492.4 - Program administration and staffing

Universal Citation: 18 NY Comp Codes Rules and Regs § 492.4

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

The operator of the adult home, residence for adults or enriched housing program:

(a) is responsible for the overall operation of the program;

(b) is responsible for compliance with all applicable provisions of this Part;

(1) coordinate the services provided to recipients of day program services with the services provided to the residents of the adult home, residence for adults and enriched housing program; and

(2) be responsible to the operator for the management and administration of the services provided to nonresidents of adult homes, residences for adults or enriched housing programs. Such responsibilities include, but are not limited to:

(i) assigning and supervising activities for all personnel, including volunteers, to assure that participants in the day program receive assistance in accordance with their needs;

(ii) being responsible for the admission and discharge of participants;

(iii) being responsible for the development of individual service plans;

(iv) being responsible for activity programming; and

(v) being responsible for the coordination of transportation services.

(d) The program director must:

(1) be at least 21 years of age; and

(2) be of good moral character as evidenced by at least three letters of recommendation from individuals who have knowledge of the proposed director's background, qualifications and interest in the field of adult care; and

(3) be familiar with the nonresident services program and the operation of facilities in which such program is conducted; and

(4) have a bachelors degree from an accredited college or university in the field of social work or health care plus two years of work experience in programs for the elderly or the mentally or physically handicapped; or

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

(6) have a master's degree in social work or a related field from an accredited college or university, plus one year of experience in a program for the elderly or the mentally or physically handicapped.

(e) If fewer than the equivalent of 15 daily participants are enrolled in a nonresident services program, the following facility staff, approved by the department, may act as program director:

(1) facility administrator;

(2) case manager; or

(3) activities director.

(f) The operator must assure that the personnel requirements of sections 487.9 and 488.9 of this Title are complied with.

(g) The operator must assure that adequate personnel are on duty at all times when the nonresident services program is in operation to assure safe care of the program's participants. Adequate is defined as a ratio of one staff member in addition to those required for residents of the home to each seven full-time participants receiving day and evening care, and one additional staff member for each 15 daily participants receiving night care. This ratio may include the program director, if the program director is not serving in any other capacity on the adult home staff, or if the individual's time as director is in addition to the hours required for adult home or residence duties.

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