DOH Extends Flexibility to Home Care Providers Regarding In-Service Requirements
The Department of Health (DOH) on Jan. 21st issued a Dear Administrator Letter (DAL) to Certified Home Health Agencies (CHHAs), Licensed Home Care Services Agencies (LHCSAs), AIDS home care programs, hospice, and Long Term Home Health Care Programs (LTHHCPs) providing an extension for in-service requirements for personal care aides and home health aides.
In a previous DAL issued in October, DOH stated that it would exercise enforcement discretion when surveying providers for compliance for in-service requirements. As New York continues to experience a State Disaster Emergency, this guidance updates that DAL and extends the period during which in-service requirements can be met.
Personal Care Aides
For the three-hour personal care aide in-service training required on a semi-annual basis, DOH will continue to exercise enforcement discretion with respect to in-service training due through June 30, 2021. The Department will continue to re-evaluate this flexibility throughout the State Disaster Emergency and will provide updates as needed.
Home Health Aides
DOH will also continue to exercise enforcement discretion when assessing the completion of home health aide annual in-service requirements until the end of the first full quarter following the declaration of the end of the Public Health Emergency by the Centers for Medicare and Medicaid Services (CMS) or expiration of Executive Order 202, whichever is sooner.
The Department strongly encourages employers to complete the annual and semi-annual in-service requirements for home health aides and personal care aides as soon as is practicable and to document such training in staff personnel files. Employers may offer remote instruction or other online education for in-service requirements. Programs should be carried under the supervision of a registered nurse (RN) with an opportunity for questions to be answered and should be accompanied by validation that learning occurred.
Questions related to COVID-19 should be addressed to covidhomecareinfo@health.ny.gov. Other questions should be addressed to homecare@health.ny.gov.
Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342