The NYS Department of Health (“DOH”) has issued new guidance (the “Guidance”) reinforcing that the DOH auditors will exercise “enforcement discretion” in surveys involving PCA in-service requirements for aides who are due or receiving in-service through June 30, 2021. Similarly, for the home health aides, enforcement discretion will be exercised until the earlier of (1) end of the 1st full quarter after the public health emergency ends or (2) expiration of New York Executive Order 202. To be clear, the Guidance does not allow providers to suspend in-service altogether, but it provides for a potential justification if a provider is unable to provide in-service to some caregivers or on some days.
Please let us know if you have any questions about the new guidance or your compliance obligations with respect to in-service.