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 488 - Adult Care Facilities Standards For Enriched Housing › Section 488.9 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(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
		    conduct an initial program of orientation and in-service training for employees
		    and volunteers which includes:
(i)
		    orientation to the characteristics and needs of the population served by the
		    enriched housing program;
(ii)
		    discussion of the residents' rights and the program's rules and regulations for
		    residents;
(iii) discussion of the
		    duties and responsibilities of all staff;
(iv) discussion of the general and specific
		    duties and responsibilities of the individual(s) being trained;
(v) training in emergency
		    procedures;
(vi) 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 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; and
(vii) 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.
(3) The
		    operator must develop and maintain current written staffing schedules. Staffing
		    schedules must be retained for 12 months.
(4) The operator must maintain personnel
		    records which include:
(i) individual employee
		    records containing verification of qualifications for any position for which
		    qualifications are set by regulation, pre-employment and annual medical
		    evaluations, 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 a 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.
(5) At the time of employment and at least
		    every 12 months thereafter, or more frequently if needed, an employee must
		    provide the operator with a statement from a physician, or, with physician
		    oversight, a physician's assistant (PA) or a registered professional nurse (RN)
		    with special training in primary health care who has physically examined the
		    individual, that:
(i) the individual is free
		    from any health impairment which is of potential risk to residents of an
		    enriched housing program or which might interfere with the performance of the
		    individual's duties; and
(ii) the
		    individual has had:
(a) an initial individual
		    tuberculosis (TB) risk assessment, symptom evaluation, and TB test (either
		    tuberculin skin test or blood assay approved by the Food and Drug
		    Administration for the detection of latent tuberculosis infection) prior to
		    employment and subsequent annual assessments after employment begins; positive
		    findings shall require appropriate clinical follow-up. The operator shall
		    develop and implement policies regarding positive findings, including
		    procedures for facilitating and documenting treatment for latent TB infection
		    where indicated. The annual TB assessments shall include education, individual
		    risk assessment, and follow-up tests as indicated; and
(b) any test that may be required by the
		    local board of health.
(6) Notwithstanding paragraph (5) of this
		    subdivision, physical examinations need not be required for an applicant or an
		    employee who relies upon or is being furnished treatment by spiritual means
		    through prayer in lieu of medical treatment in accordance with the tenets and
		    practices of a recognized church or religious denomination of which the
		    employee is a member or bona fide adherent. In such cases the operator must
		    require documentation of the employee's standing as a member.
(7) No individual who is suffering from a
		    degree of mental illness or habituation or addiction to alcohol or other drugs
		    such that the individual causes, or is likely to cause danger to
		    himself/herself or others or is unable to perform his/her assigned duties, may
		    be employed or permitted to work as either an employee or volunteer.
(8) No individual is permitted to work,
		    either as an employee or volunteer, if infected with a communicable disease
		    that might endanger the health of residents.
(9) Each individual must:
(i) be emotionally, mentally and physically
		    able, as required by function, to provide services and supervision to the
		    population served by the enriched housing program; and
(ii) maintain personal hygiene and clothing
		    which is clean and appropriate for the functions performed.
(10) Employees who have direct
		    contact with residents must be able to speak, read and write English, and speak
		    the predominant language of residents.
(11) No person under 18 years of age may be
		    charged with direct responsibility for the supervision and personal care of
		    residents; or be permitted to work without on site supervision.
(12) The operator must inform the appropriate
		    regional office by telephone, or in writing within three business days of a
		    vacancy in the position of coordinator, case manager or dietary
		    consultant.
(13) Prior to hiring or
		    otherwise engaging any employee, volunteer or others falling within the
		    definition of
custodian
under section 488  of the Social Services Law which will or
		    may have direct contact with residents, the operator of a facility subject to
		    the Justice Center shall consult with the Justice Center, to verify that such
		    person is not on the Justice Center's registry of substantiated category one
		    cases of abuse or neglect as established pursuant to section 495  of the Social Services Law (staff
		    exclusion list).
(14) documentation
		    of COVID-19 vaccination or a valid medical exemption to such vaccination,
		    pursuant to section 2.61 of Title 10, in accordance with applicable privacy
		    laws, and making such documentation available immediately upon request by the
		    Department, as well as any reasonable accommodation addressing such
		    exemption.