HCA Advocates for Continued Regulatory Relief

Situation Report | November 22, 2021 

Last week, HCA sent a letter to the state Department of Health (DOH) and Hochul Administration requesting that the state continue to allow supervision of aide services to be conducted remotely through telehealth and other means, as permitted in the Governor’s Executive Order (EO) 4.1, even after it’s November 27 expiration date. 

HCA argues that a severe nursing shortage necessitates that the state continues to allow for remote supervision indefinitely even if E.O. 4.1 expires.  

HCA also states that if in-home, in-person supervisory visits are considered necessary, then agencies should be allowed to provide every other supervisory visit through remote means. 

HCA will continue to advocate for additional regulatory relief similar to what was allowed earlier during the COVID-19 pandemic. 

As communicated to HCA members, EO 4.1 includes provisions that permit: 

  • Initial patient visits for Certified Home Health Agencies (CHHAs), Long Term Home Health Care Programs (LTHHCPs) and AIDS home care programs to be made within 48 hours of receipt and acceptance of a community referral or return home from institutional placement; 
  • CHHAs, LTHHCPs, AIDS home care programs and licensed home care services agencies to conduct in-home supervision of home health aides and personal care aides as soon as practicable after the initial service visit, or to permit in-person and in-home supervision to be conducted through indirect means, including by telephone or video communication; and 
  • Nursing supervision visits for personal care services to be made as soon as practicable. 

EO 4.1 is available here.