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 494 - Assisted Living Program
Section 494.6 - Personnel

(1) The operator must provide staff sufficient in number and qualified by training and experience to render, at a minimum, those services mandated by statute or regulation.

(2) The operator must designate an individual to be responsible for operating the program in compliance with applicable regulations and executing through direct performance or coordination, the services and functions specified in section 494.5 of this Part. The designated individual must, at a minimum, either:

(1) The operator must designate sufficient staff to perform the case management function for assisted living program residents.

(2) In an assisted living program where the approved capacity is less than 50 beds, the facility administrator or the home care director may be designated to perform case management functions in lieu of a case manager provided that the facility administrator or the home care director meets the education and work experience requirements contained in paragraph (3) of this subdivision.

(3) The case manager must have the following education and work experience:

(1) The operator must maintain staffing at a level sufficient to accomplish the plan of care and assure resident health, safety and well-being, provided that at a minimum the staffing levels specified in section 487.9(f)(6) or 488.9(e)(2) of this Title are maintained.

(2) The operator must develop and submit to the department a plan to assure that all staff assigned to perform personal care functions are trained as required in section 505.14(d) and (e) of this Title or successfully complete a basic training program in home health aide services or an equivalent examination approved by the Department of Health.