New Guidance Clarifies NATCEP Waiver and Appeal Process for Nursing Homes

(June 10, 2025) The Department of Health (DOH) has released updated guidance detailing the waiver and appeal procedures related to the Nurse Aide Training and Competency Evaluation Program (NATCEP) in nursing homes. This directive, issued in a Dear Administrator Letter (DAL) dated June 4, 2025, aims to clarify the statutory and regulatory framework surrounding the suspension or loss of NATCEP approval, commonly referred to as a “ban.”

The guidance outlines specific conditions under which a facility may lose its NATCEP eligibility, such as operating under a waiver for 24/7 registered nurse (RN) coverage, undergoing extended surveys, or receiving civil monetary penalties exceeding $13,343. Facilities affected by such sanctions may apply for a waiver to reinstate their training program after a mandatory two-year ban. However, the Department emphasizes that its authority to grant these waivers is limited.

The DAL is intended to raise awareness among nursing home administrators about the available waiver opportunities and the necessary steps for appealing a NATCEP ban.

Under Sections 1819(f)(2)(C) and 1919(f)(2)(C) of the Social Security Act, the Department has the authority to approve a NATCEP to be conducted in a facility (though not by the facility) if the following conditions are met:

1. No Alternative Nearby: The Department determines that no other NATCEP is available within a reasonable distance of the facility.
2. Adequate Oversight: The Department ensures that the facility provides an appropriate environment for conducting the program through its oversight mechanisms.
3. Ombudsman Notification: The Department notifies the State long-term care ombudsman of its determination and oversight assurances.

The DAL can be accessed here.

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