DOH Finalizes Regulations on Criminal History Record Checks and Advanced Home Health Aides

The Department of Health (DOH) has finalized and adopted its regulations establishing the Advanced Home Health Aide (AHHA) program and expanding providers subject to Criminal History Record Checks (CHRCs). You can view the final DOH regulations here from pages 15-18. The proposed regulations did not undergo changes during this process. To view comments and responses to the regulations, please click here and proceed to pages 6-7.

Some of the comments and responses include:

• The regulation requires RNs to perform tasks if patient declines services from an AHHA. Commenters asked that LPNs be added to this provision, and the Department will consider this moving forward.
• The regulation removes LPN supervision of PCA services due to federal supervision requirement.
• The 18 hours of in-service requirement for AHHAs includes 12 hours of basic HHA training.
• Commenters requested flexibility regarding requirement of in-person patient visits every two weeks by RN. The Department declined and cited additional oversight options by RN.
• Supervising RNs must be employed by the same entity that employs the AHHA.
• Clarification will be provided in future guidance regarding CHRC provisions applying to all unlicensed staff that have regular face-to-face interactions with residents.

The Departments of Education and Health will be developing guidance on training and qualifications of AHHAs. LeadingAge NY will be sure to contribute to this process and advocate for streamlined and identical guidelines. Additional guidance will be forthcoming regarding the CHRC expansion as well. We will keep members up to date on these issues going forward.

Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871