Advanced Home Health Aides

Chapter 471 of the Laws of 2016

Chapter 471 of the Laws of 2016 amends Article 139 of the Education Law, known as the Nurse Practice Act, to permit Advanced Home Health Aides to perform advanced tasks with appropriate training and upon assignment by registered nurses and under supervision by such nurses. The goal of the legislation is to enable more people to live in home and community based settings and provide support to family caregivers and their loved ones.

Before the law was enacted, the Department of Health convened a workgroup of stakeholders to provide guidance in identifying the advanced tasks that would be included in implementing regulations, if authorized by legislation. In March 2015, the Advanced Home Health Aide Advisory Workgroup issued a guidance document which identified advanced tasks that could safely be performed by home health aides with appropriate training and supervision and set forth recommendations regarding the qualifications, training and competency of such aides.

Resources

  • Summary of Advanced Home Health Aides initiative, included in Built to Lead, 2016 State of the State, Governor Andrew M. Cuomo, at https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/2016_State_of_the_State_Book.pdf (p. 271-72).
  • Press Release issued by the New York State Department of Health regarding enactment of the Advanced Home Health Aides law: New York State Authorizes Advanced Home Health Aides, Enabling More New Yorkers to Live With Dignity In their Homes and Communities
  • Report on the Advanced Home Health Aides Advisory Workgroup summarizing the law and the recommendations made by the workgroup and outlining the steps being undertaken to implement Chapter 471 of the Laws of 2016.
  • Advanced Home Health Aides Advisory Workgroup Guidance issued prior to the enactment of Chapter 471 of the Laws of 2016.
    • Please note that the Guidance includes as Appendix C a proposed revised Matrix of Permissible and Non-Permissible Activities for Home Health Aide Services. This draft document is NOT in effect. This draft document proposes changes to the Matrix of Permissible and Non-Permissible Activities for Home Health Aide Services issued by the New York State Department of Health. This draft document was developed by the Advanced Home Health Aides Advisory Workgroup prior to the enactment of a new law authorizing Advanced Home Health Aides (Chapter 471 of the Laws of 2016). This draft document is an appendix to guidance developed by the Workgroup and reflects the Workgroup's recommendations for tasks that could be carried out by Advanced Home Health Aides once the law was enacted and implemented. At present, although the law has been enacted, regulations implementing the law have not yet been issued and the Matrix of Permissible and Non-Permissible Activities for Home Health Aide Services has not yet been updated by the New York State Department of Health or endorsed by the New York State Education Department.
  • Frequently Asked Questions about Chapter 471 of the Laws of 2016.
  • Chapter 471 of the Laws of 2016 authorizing Advanced Home Health Aides.