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State Regulatory Waivers Relating to Home Care and Hospice Agencies (DAL DHCBS 21-11)

New Yorksub_regulatoryNYSDOH Division of Home and Community Based Services

What this rule requires your agency to do

  • 1Agencies must resume in-home and in-person supervision of home care aides as soon as practicable.(State Regulatory Waivers Relating to Home Care and Hospice Agencies (DAL DHCBS 21-11))
  • 2Home health aide training programs must total at least 75 hours, with a minimum of 16 hours of classroom training prior to supervised practical training.(State Regulatory Waivers Relating to Home Care and Hospice Agencies (DAL DHCBS 21-11))
  • 3Providers must resume annual staff performance evaluations, including the annual in-home supervisory visit (10 NYCRR 766.11).(State Regulatory Waivers Relating to Home Care and Hospice Agencies (DAL DHCBS 21-11))
  • 4Pre-employment and annual health assessments (including TB screening and documentation of immunity to measles/rubeola and influenza vaccination status) are required with no enforcement discretion (10 NYCRR 763.13(c),(d); 766.11(c),(d)(5); 794.3(c),(d)(7)).(State Regulatory Waivers Relating to Home Care and Hospice Agencies (DAL DHCBS 21-11))
  • 5Providers must resume in-home initial assessments and reassessments within 24 hours of receipt and acceptance of a community referral (10 NYCRR 763.5(a)).(State Regulatory Waivers Relating to Home Care and Hospice Agencies (DAL DHCBS 21-11))

Applies to: personal care

Directs resumption of routine home care operations after the COVID State of Emergency ended and specifies remaining enforcement-discretion areas for supervision, assessments, evaluations, health assessments, and training.

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