Home › Home care staff requirements › New York

Home care staff requirements in New York

New York licenses home care services agencies (LHCSAs) and certifies home health agencies under Department of Health rules. Agencies must run a fingerprint-based state and FBI criminal history check for unlicensed direct care staff, may use staff temporarily while results are pending under set supervision, and must enter aides in the Home Care Worker Registry. Home health aides need approved basic training, personal care aides can use a 40-hour program, and annual in-service is 12 hours for home health aides and 6 hours for personal care aides, along with TB, measles, rubella and flu rules.

Get my price Try the sample portal

Keep every caregiver's New York file current. Pact tracks background and registry checks, training hours, TB and CPR for each person, reminds staff before anything runs out, and checks everyone against OIG's exclusion list monthly. $10 per active staff member a month, $250 minimum. How it works · Free OIG name check · 901-666-6970

Licenses

Licensed home care services agencies follow minimum standards in 10 NYCRR Part 766, within the Department of Health rules for certified home health agencies and licensed home care services agencies (10 NYCRR Part 766).
Certified home health agencies, licensed home care services agencies and long term home health care programs are all covered by the state criminal history record check law (10 NYCRR 402.1(a)(1)).

Background checks

Agencies must request a criminal history record check for each prospective unlicensed employee who will give face-to-face care under a plan of care (10 NYCRR 402.3(i)(2); 10 NYCRR 402.6(a)).
The check uses two sets of fingerprints sent to the Department of Health, and the state may run a national FBI check (10 NYCRR 402.6(a)-(b)).
Fingerprints must be submitted within 10 business days after they are taken, and the applicant must show two forms of ID, one government-issued with a signature and one with a photo (10 NYCRR 402.6(b)-(c)).
Agencies may temporarily approve a worker while results are pending if they follow the required supervision (10 NYCRR 402.6(d)).
For a temporarily approved worker, a qualified person must observe and evaluate them weekly, on site in the home the first week and at least every other week after that (10 NYCRR 402.4(b)(2)(ii)).
Agencies must enter required worker information into the Home Care Worker Registry (10 NYCRR 766.11(b)(2)).
Before patient contact, agencies must verify employment history or, for first-time workers, references from unrelated people (10 NYCRR 766.11(f)(1)).
Agencies must check personal ID before retaining an applicant (10 NYCRR 766.11(e)).

Training and competency

Home health aides must complete a basic training program in home health aide services or a Department-approved equivalent exam and have written proof (10 NYCRR 700.2).
Personal care aides may qualify through home health aide training, a personal care training program under 18 NYCRR 505.14, or qualifying past experience (10 NYCRR 700.2).
The personal care basic training program must total 40 hours and cover topics such as working with the elderly, body mechanics, personal care skills, safety and nutrition (18 NYCRR 505.14(e)(2)(i)).
Home health aides must complete 12 hours of in-service education per year (10 NYCRR 766.11(i)(1)).
Personal care aides must complete 6 hours of in-service education per year (10 NYCRR 766.11(i)(2)).
Advanced home health aides must complete 18 hours of in-service per year, including medication management, infection control and injection safety (10 NYCRR 766.11(i)(3)).
All staff must receive orientation to agency policies and procedures (10 NYCRR 766.11(i)).
Staff who may be exposed to blood or body fluids must get bloodborne pathogen training at hire and every year (10 NYCRR 766.11(l)(1)(iii)).

Health screening

New staff must have a health assessment before patient care showing they are free of health problems that could put patients at risk (10 NYCRR 766.11(c)).
Direct care staff need proof of rubella immunity and, if born on or after January 1, 1957, measles immunity (10 NYCRR 766.11(d)(1)-(2)).
Before employment, staff need a TB risk assessment, symptom check and TB test (skin test or blood test), with annual TB assessments after that (10 NYCRR 766.11(d)(4)).
Staff need an annual health status assessment (10 NYCRR 766.11(d)(5)).
Staff who have not had the flu vaccine for the current season must wear a surgical or procedure mask during flu season (10 NYCRR 766.11(d)(6)).

Also in the personnel file

Each position needs a current written job description (10 NYCRR 766.11(j)).
Agencies must do an annual performance assessment for all staff, including at least one in-home observation visit where applicable (10 NYCRR 766.11(k)).
Health and medical records must be kept separate from other personnel records and kept confidential (10 NYCRR 766.11(g)).
Home health aides and personal care aides must be supervised by a registered nurse or therapist, with in-home supervision to demonstrate tasks, re-evaluate when conditions change and instruct the aide on reporting (10 NYCRR 766.5(c)-(d)).

Common questions

What background checks do home care aides need in New York?

Agencies must request a criminal history record check for each prospective unlicensed employee who will give face-to-face care under a plan of care (10 NYCRR 402.3(i)(2); 10 NYCRR 402.6(a)).

How much training do home care aides need in New York?

Home health aides must complete a basic training program in home health aide services or a Department-approved equivalent exam and have written proof (10 NYCRR 700.2).

What health screening do home care workers in New York need?

New staff must have a health assessment before patient care showing they are free of health problems that could put patients at risk (10 NYCRR 766.11(c)).

Which license does a home care agency need in New York?

Licensed home care services agencies follow minimum standards in 10 NYCRR Part 766, within the Department of Health rules for certified home health agencies and licensed home care services agencies (10 NYCRR Part 766).

Some rules for New York weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state licensing rules in plain words, with links to the rules themselves. It is not legal advice, rules change, and your license type decides what applies: check the linked source and your licensing agency. Medicare-certified home health agencies also follow 42 CFR 484.80. Checked October 2026.

More for New York

New York background check laws · New York drug testing laws · Medicare home health aide rules · All states

Nearby states

Connecticut home care staff requirements · Massachusetts home care staff requirements · New Jersey home care staff requirements · Pennsylvania home care staff requirements · Vermont home care staff requirements