On March 31, 2022, Governor Hochul signed Executive Order (EO) 4.7, which continues regulatory relief measures for home care providers until April 30, 2022. These measures were initially included in EO 4 and were set to expire yesterday, March 31.
Some of the EO provisions include the following:
- 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.
- Nursing supervision visits for personal care services to be made as soon as practicable.
EO 4.7 also continues certain relief efforts included in EO 4:
- Allows registered nurses, licensed practical nurses, and nurse practitioners licensed and in current good standing in any state in the United States to practice in New York State without civil or criminal penalty related to lack of licensure, and to allow registered nurses, licensed practical nurses, and nurse practitioners or a substantially similar title licensed and in current good standing in any province or territory of Canada, or any other country as approved by the Department of Health (DOH), to practice in New York State without civil or criminal penalty related to lack of licensure;
- Allows New York State-licensed providers without current registrations to practice without penalty for lack of registration.
- Expands the scope of practice for additional health care workers to allow for COVID-19 testing and vaccinations, including an expansion of the ability of midwives, registered nurses, physicians and nurse practitioners to more easily administer and order COVID-19 vaccinations and testing as well as flu vaccinations.
It is HCA’s understanding that nurses not licensed in New York still must complete a verification process before they can practice in New York.
While the above relief measures continue, DOH still expects agencies to adhere to existing state regulations and to document what barriers they have encountered in these areas and their efforts to address such barriers that necessitate utilization of these relief provisions.
HCA continues to advocate for more permanent relief measures at the state and federal levels. HCA provided the Legislature with language for inclusion in a final budget that would continue COVID-19-era regulatory and procedural relief to support services, patient access and worker safety.
For questions or concerns about this EO or regulatory relief efforts, please contact HCA’s Vice President for Program Policy and Services, Andrew Koski, or Director for Public Policy and Advocacy, Alyssa Lovelace.