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Regulations on Advanced Home Health Aides Adopted by NYS Education Department

New Advanced Home Health Aide (AHHA) regulations were recently adopted by the New York State Education Department (NYSED) via an adopted rulemaking to implement the AHHA legislation enacted in 2016. The regulations define AHHA-related terms, establish criteria for RN supervision of AHHAs, and establish criteria for AHHA certification, AHHA training programs, and AHHA training and competency requirements. Though it does not contain changes from the proposed rulemaking published in the June 27, 2018 issue of the New York State Register, the adopted rulemaking text does indicate that some of the changes suggested by LeadingAge NY regarding training requirements will be addressed in future guidance. Please see LeadingAge NY's comments on each of the proposed regulations here and here.

The NYSED regulations complement the proposed regulations advanced by the Department of Health (DOH) in the May 30, 2018 edition of the State Register. Please note that the New York State Board of Regents approved these proposed regulations following the public comment period. In its response to public comments, NYSED appears to interpret the regulations to allow Licensed Home Care Services Agencies (LHCSAs) providing services to Assisted Living Program (ALP) residents to use AHHAs. DOH has not yet indicated if they concur with this interpretation.

LeadingAge NY will keep members abreast of the DOH regulations on AHHAs and further development on implementation of regulations, guidance, and education regarding the new role.

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