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Telehealth in Adult Day Health Care, Home Health Care, Hospice, and Adult Care Facilities (DAL DACF 23-27 / DHCBS 23-04 / DNH 23-19)

New Yorksub_regulatoryNew York State Department of Health, Office of Aging and Long-Term Care· effective 2023-10-02

What this rule requires your agency to do

  • 1Providers must not use telehealth as a substitute for in-person delivery of any personal care services by a provider licensed under Article 36 of the Public Health Law, or for the delivery of meals or congregate or rehabilitative activities or for required resident/patient supervision services in any setting.(Telehealth in Adult Day Health Care, Home Health Care, Hospice, and Adult Care Facilities (DAL DACF 23-27 / DHCBS 23-04 / DNH 23-19))
  • 2Providers must not use telehealth for in-person initial medical, clinical, mental health, or dental assessments and follow-up visits.(Telehealth in Adult Day Health Care, Home Health Care, Hospice, and Adult Care Facilities (DAL DACF 23-27 / DHCBS 23-04 / DNH 23-19))
  • 3Providers must not use telehealth to perform the Functional Supplement component of the Uniform Assessment System-New York (UAS-NY).(Telehealth in Adult Day Health Care, Home Health Care, Hospice, and Adult Care Facilities (DAL DACF 23-27 / DHCBS 23-04 / DNH 23-19))
  • 4Telehealth may generally be acceptable in various circumstances only with patient consent.(Telehealth in Adult Day Health Care, Home Health Care, Hospice, and Adult Care Facilities (DAL DACF 23-27 / DHCBS 23-04 / DNH 23-19))
  • 5Providers must not use telehealth at any time when the patient is not able to access a secure location.(Telehealth in Adult Day Health Care, Home Health Care, Hospice, and Adult Care Facilities (DAL DACF 23-27 / DHCBS 23-04 / DNH 23-19))

Applies to: personal care

DOH programmatic guidance issued after the COVID-19 public health emergency establishing the circumstances in which telehealth is and is not acceptable for home care, hospice, and adult day health care providers, including a prohibition on substituting telehealth for in-person personal care services.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.