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10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10)

New YorkregulationNew York State Department of Health· effective 2018-12-12

What this rule requires your agency to do

  • 1Advanced home health aides must be directly supervised by an RN who conducts home visits at least every two weeks.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 2The agency must employ at least one licensed registered professional nurse responsible for direction and supervision of all patient care services.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 3The agency must maintain a complaint procedure: log complaints, provide written response within 15 days, review appeals within 30 days, and give notice of the right to complain to OHSM.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 4The agency must appoint a quality improvement committee (including a consumer and health professionals) that meets at least four times per year.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 5A plan of care must be established from a professional assessment and reviewed/revised as needed but no less than every six months, with each review documented.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 6HHAs and PCAs must be supervised by an RN, with in-home supervision to demonstrate/instruct the aide on the initial visit or personnel change.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 7Patient care records must be kept securely for not less than six years after discharge (minors: not less than six years after discharge or three years after majority, whichever is longer).(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))
  • 8Governing authority must establish written patient-rights policies and inform each patient of their rights in writing prior to initiation of care, documented in the clinical record.(10 NYCRR Part 766 — LHCSA Minimum Standards (Sections 766.1, 766.3, 766.4, 766.5, 766.6, 766.9, 766.10))

Applies to: personal care

Core New York LHCSA minimum-standard regulations covering patient rights, plan of care, medical orders, clinical supervision, patient care records, governing authority duties, and service contracts.

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