N.Y. Comp. Codes R. & Regs. tit. 18 § 494.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 494.6 - Personnel

(a) General requirements.

(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:

(i) meet the applicable training and experience requirements for an approved adult home administrator or enriched housing coordinator; or

(ii) be an approved director of the home health care program.

(b) Case management.

(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:

(i) be a currently registered professional nurse with one year of full-time experience; or

(ii) a master's degree in social work from an accredited college or university; or

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

(iv) 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.

(c) Resident care.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 494.6