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DOH Proposes Amendments to Nursing Home Administrator Regulations

The Department of Health (DOH) has published proposed amendments to the nursing home administrator regulations and published them for public comment. The deadline for submission of comments to the Department is Dec. 12, 2022. The following is a summary of the proposed amendments:

  • The examination trial period is modified to enable candidates to attempt the Nursing Home Administrator examination up to four times in 12 months, instead of three attempts in a five-year period. The goal is to increase the pool of eligible nursing home administrators in New York State.
  • The definition of unethical conduct is modified by changing “unlawful discrimination” to simply “discrimination.”
  • The experience qualifications necessary to take the exam for licensing will be “determined by the Department,” rather than established by the Board of Examiners of Nursing Home Administrators.
  • The requirement to take a course in “legal issues in health care” is modified to entail a course level equivalent to 300 or higher. This is consistent with the current program policy.
  • The requirement that a training site have at least 80 beds is eliminated. According to the preamble to the proposed regulation, “[t]his will allow nursing homes that are also providers with multiple levels of care, such as independent living communities and assisted living beds, to qualify as training sites.”
  • The continuing education requirements for late filers and/or inactive filers is clarified by requiring a proportionate adjustment in the clock hours in the event that a licensee fails or neglects to renew their registration. It also adds a requirement to pay a late fee. The new language also clarifies that the continuing education requirement is applicable to registration renewal and license reactivation only, not initial registrations.
  • The amendments require nursing home administrators to notify the Board of changes in email address or phone number, in addition to home address and place of employment.

The proposed amendments are here. LeadingAge NY will be submitting comments on the proposed amendments. We are interested in hearing members' views on these amendments, including how they might be improved and other changes that should be made. Please share your perspectives with Karen Lipson by Nov. 30th.

Contact: Karen Lipson, klipson@leadingageny.org