18 NYCRR 505.14 — Personal Care Services

What this rule requires your agency to do

• 1Each person providing personal care services (other than household functions only) must, as a condition of participation, successfully complete a department-approved training program totaling 40 hours of basic training, directed by a registered professional nurse (or qualified social worker/home economist), with competency evaluation documented and maintained.(18 NYCRR 505.14 — Personal Care Services)
• 2Before entering a contract, each provider agency must be certified/licensed (or exempt) and must be able, without subcontracting, to provide personnel who meet the minimum criteria and have successfully completed a department-approved training program.(18 NYCRR 505.14 — Personal Care Services)
• 3Aide qualification records in the personnel file must document good physical health (per 10 NYCRR 763.4), a criminal history record check to the extent required by 10 NYCRR Part 402, and compliance with the home care services worker registry (Part 403).(18 NYCRR 505.14 — Personal Care Services)
• 4All services must be provided in accordance with the authorization; no change in functions, tasks, or hours may be made without notification to and approval of the social services district or MMCO.(18 NYCRR 505.14 — Personal Care Services)
• 5The provider agency must obtain and maintain appropriate insurance coverage protecting the social services district from liability claims arising from acts, omissions, or negligence of provider agency personnel.(18 NYCRR 505.14 — Personal Care Services)
• 6In-service training must be provided at a minimum of three hours semi-annually to each person providing personal care services.(18 NYCRR 505.14 — Personal Care Services)
• 7All persons providing personal care services are subject to administrative and RN nursing supervision; the nurse supervisor must conduct an orientation visit in the patient's home within seven calendar days after the aide is assigned (initial authorizations), make nursing supervisory visits at the established frequency, and prepare/maintain written reports of orientation and supervisory visits.(18 NYCRR 505.14 — Personal Care Services)
• 8The provider agency must not substitute another provider agency to serve an MA recipient unless it has notified the district and the district has approved the substitution.(18 NYCRR 505.14 — Personal Care Services)
• 9Personal care services may be provided only when medically necessary, ordered by a qualified independent practitioner, provided by a qualified person in accordance with a plan of care, and supervised by a registered professional nurse.(18 NYCRR 505.14 — Personal Care Services)
• 10The entire basic training program must be completed by each aide within three months after hire, and the prescribed part of basic training must be completed before performing any service.(18 NYCRR 505.14 — Personal Care Services)