Final Regulations Regarding ACF Staff TB Testing Announced

The adoption of final regulations was announced in the State Register to modify the requirement for biannual tuberculosis (TB) testing of adult care facility (ACF) staff. As previously reported, these regulation changes were proposed to conform with the most current clinical guidelines. Essentially, the guidance recommends that after someone gets a baseline TB test, they need not get subsequent testing for TB. Rather, an assessment is recommended. Thus, the final ACF regulation changes reflect this and require that the assessment be conducted annually as opposed to biannually, after an initial baseline test. Similar changes were recently implemented for nursing homes, home care agencies, and enhanced and special needs assisted living residences.

LeadingAge NY provided comments on the proposed regulations, which are addressed in the State Register’s analysis of public comment. We had questioned the inclusion of "medical staff" to "develop and implement policies regarding positive findings, including procedures for facilitating and documenting treatment for latent TB infection where indicated" in the proposed regulation. The final regulations clarify that the ACF operator, not “medical staff,” must develop and implement policies and procedures.

In our comments, we also urged the Department to permit appropriate licensed professionals employed by the ACF to conduct the assessments as well, should they so choose. The clarification in the State Register indicates that the risk assessment can be conducted by any licensed medical professional acting within the scope of their practice, including physicians, physicians’ assistants, nurse practitioners, or registered professional nurses (RNs) working under physician supervision. We will pursue further clarification regarding the nature of physician supervision, for those who employ RNs.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828