Revised Nursing Home Administrator Regulations Relax Some Requirements

The Department of Health (DOH) has adopted modest changes in the Nursing Home Administrator regulations that will enable smaller facilities to serve as training sites and enable candidates to retake the examination four times in an annual period, rather than three times in a five-year period.

Specifically, the key revisions to the regulation include:

Section 96.1, subdivision (m), modifies the definition of "unethical conduct" by a nursing home administrator by changing “unlawful discrimination” to simply “discrimination.”
Section 96.4, subdivision (b), is amended to assign responsibility for the registration process to the Department, rather than the Board of Nursing Home Administrators.
Section 96.5, subdivision (a), is amended to assign responsibility for determining the qualifications for licensure to the Department, rather than the Board.
Section 96.5, subdivision (c), is amended to change the exam trial eligibility period from three times in five years to four times within 12 months. This change is consistent with other states' policies.
Section 96.8, subdivision (a)(3), is amended to require a course in “legal issues in health care” at the course level equivalent to 300 or higher. This is consistent with the current program policy.
Section 96.8, subdivision (a)(5)(i), is amended to remove the requirement that a training site have at least 80 beds. This 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.
Section 96.11 has been amended to clarify the continuing education requirements for late filers and/or inactive filers. The amendment requires a proportionate adjustment in the clock hours in the event that a licensee fails to renew their registration and pay a late fee. The new language also clarifies that the continuing education requirement is applicable to registration renewal and license reactivation only.
Section 96.13 is amended to 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.

According to the Department's "assessment of public comment," LeadingAge NY was the only association that submitted comments on the proposed regulation. Our comments requested more extensive changes in the regulations to expand the pool of qualifying candidates and the eligible preceptors at training sites. The Department did not accept our recommendations, but indicated that it would consider them for future rulemaking.

Contact: Karen Lipson, klipson@leadingageny.org