HCBS Division Steps Up Surveillance of LGBTQ Cultural Competency Training

(May 6, 2025) The Department of Health (DOH) Division of Home and Community-Based Services (HCBS) shared with long-term care provider associations that it will be starting to survey HCBS providers for compliance with the recently instated requirement that home health aides (HHAs), certified nurse aides (CNAs), and personal care aides (PCAs) complete lesbian, gay, bisexual, transgender, and queer (LGBTQ) cultural competency training. Training programs are required to include training regarding working with patients or residents of diverse sexual orientations and gender identities or expressions. The Department has developed a training module for this purpose which resides on the Department's Learning Management System (LMS). Provider agencies and facilities may also develop their own training for staff. Documentation of completion of staff training will likely be surveyed for compliance.

A few different Dear Administrator Letters (DALs) were issued on the requirement. Members should review them to ensure compliance:

This new training module is required for certification or recertification, as applicable, of HHAs, PCAs, and CNAs, and is applicable to training programs approved by DOH and/or the State Education Department (SED).

To ensure compliance, the following are required, at minimum:

HHAs, PCAs, and CNAs must take the training at certification and recertification.
HHAs, PCAs, and CNAs must take the Affirming Care for Older LGBTQIA+ Individuals training every two years if they are staff of a nursing home or an adult care facility (ACF), including an assisted living residence (ALR).
Existing HHAs, PCAs, and CNAs must take the training.
Existing training programs approved by DOH and/or SED must ensure that all nurse aides receive the training and maintain compliance as outlined above.
All training program applicants must demonstrate their capacity to provide the required training within their standard curriculum.

The requisite cultural competency training has been developed at a literacy level that complies with the requirements of 10 NY Codes, Rules, and Regulations (NYCRR) § 415.26 and as suggested in the Guide to Operation of a Home Health Aide Training Program and Guide to Operating a Personal Care Aide Training Program. This training is available on the NY Learns Public Health LMS here. Registered learners may locate Course #OALTC-603 under the Course and Program Catalog by conducting a Catalog Page 2 Query and typing “Affirming” in the search function. After the course is completed, the registered user will receive a confirmation certificate that must be retained.

Provider-developed training is also allowed, as indicated in the most recent DAL. The initial October 2024 DAL includes a checklist of items to be included in the training.

Long-term care facilities should be aware of DOH's initiation of surveillance of this requirement. Facilities will likely see this item prioritized in surveys as well.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871