HLT-02-12-00016-A Home Care Services Worker Registry
6/27/12 N.Y. St. Reg. HLT-02-12-00016-A
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 26
June 27, 2012
RULE MAKING ACTIVITIES
DEPARTMENT OF HEALTH
NOTICE OF ADOPTION
I.D No. HLT-02-12-00016-A
Filing No. 557
Filing Date. Jun. 07, 2012
Effective Date. Jun. 27, 2012
Home Care Services Worker Registry
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 403 and amendment of sections 700.2, 763.13 and 766.11 of Title 10 NYCRR; and amendment of sections 505.14 and 505.23 of Title 18 NYCRR.
Statutory authority:
Public Health Law, section 3613
Subject:
Home Care Services Worker Registry.
Purpose:
Guidance for workers, providers, etc. regarding the rights, duties and responsibilities for the Home Care Services Worker Registry.
Text or summary was published
in the January 11, 2012 issue of the Register, I.D. No. HLT-02-12-00016-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email: regsqna@health.state.ny.us
Assessment of Public Comment
The public comment period ended on February 27, 2012. The Department received one comment from the New York State Association of Health Care Providers (HCP). HCP recommended that the 10-business day timeframes for various data entry and form generation requirements be increased from 10 business days to 15 business days.
The Department has already increased these timeframes twice, both times at the home care industry's request. The timeframes were increased from 3 business days to 5 business days in 2009 prior to the submission of the proposed regulations to the Governor's Office of Regulatory Reform (as it was known at that time.) As part of the Department's response to Medicaid Redesign Team Proposal #147 in 2011, the timeframes were doubled - from 5 business days to 10 business days.
HCPs comments refer to a monthly Home Care Registry update requirement in the statute. This timeframe is actually "at least monthly" (§ 3613.4 and 5(d)), implying that shorter timeframes may be appropriate. The statute (§ 3613.8) authorizes the Department to define "at least monthly" through the provision of "reasonable and appropriate timetables, notices and phase-in mechanisms for applying various provisions of this section to state-approved education and training programs, home care services entities, persons becoming home care services workers and persons already engaged as home care services workers." The Department thinks, and apparently HCP agrees, that a single timeframe should apply to all data entry and form generation requirements as this will simplify the efforts of training programs and home care agencies to maintain compliance.
Timeframes affect not only training programs and home care agencies but also the home care work force. Aides who have successfully completed all training program requirements cannot be employed as aides until they are listed in the Home Care Registry. The proposed regulations allow training programs to delay entering aides in the Home Care Registry for up to two weeks following successful completion of all training program requirements. During this time period, aides cannot enter into gainful employment as aides despite the fact that they have successfully completed the entire training program. The Department considers ten business days or two weeks to be a reasonable and appropriate compromise between giving home care agencies and training programs flexibility in meeting Home Care Registry requirements, and enabling fully trained aides to obtain employment as aides.
