DOH Reminds Providers of Key Updates on NATCEP Waivers and Bed Rail Safety

(August 11, 2025) At a recent association meeting, the New York State Department of Health (DOH) requested that we update providers on critical guidance affecting nursing home operations—specifically regarding nurse aide training program ban waiver opportunities and bed rail system safety.

NATCEP Waiver and Appeal Guidance

As outlined in a June 4, 2025, Dear Administrator Letter (DAL), DOH clarified the process for facilities seeking waivers or appealing bans from operating Nurse Aide Training and Competency Evaluation Programs (NATCEP). Facilities under sanctions such as extended surveys or civil monetary penalties—may still apply to host training onsite, provided it’s conducted by external educators and meets oversight criteria. Two nursing homes have recently been approved to host NATCEP training onsite, even though they are under a ban. The key condition: the training must be conducted by an external provider—not by facility staff. This is a meaningful step toward expanding access to training.  This is especially relevant for homes facing workforce shortages and seeking to rebuild their CNA pipelines. The DOH reports they are looking to extend flexibility here. LeadingAge New York’s summary of the NATCEP DAL offers a helpful breakdown of eligibility and next steps for providers navigating this process and can be found here.

Bed Rail Entrapment Risk and Compliance

In a separate DAL issued June 13, 2025, DOH updated providers on the serious risks associated with bed rails and other bed system components. Facilities must assess residents for entrapment risk, obtain informed consent, and ensure proper installation and maintenance of bed rails. The DAL also references federal guidance on seven potential zones of entrapment and emphasizes routine inspections as part of a facility’s safety protocol.  This renewed focus follows several high-level citations and underscores the importance of proactive risk management.  More details on this can be found here.  Providers are encouraged to revisit their internal policies and training programs to ensure alignment with current expectations. For questions or support, reach out to LeadingAge New York’s policy team.

Contact:  Carrie Mosley, cmosley@leadingageny.org, 518-867-8383 x. 147