Policy Update: Alignment of State Guidance on In-Home Caregiver Hours and Provider Liability

Alyssa Lovelace • August 12, 2026

DOH and DOL Align Standards

This statement serves as formal acknowledgment and appreciation of the recent New York State Department of Health (DOH) guidance regarding the Consumer Directed Personal Assistance Program. This update aligns Department of Labor (DOL) and DOH standards, thereby reinforcing objectivity in caregiving across in-home personal care service lines.


FAIR Access Initiative strongly encourage similar clarifying guidance to be applied to Licensed Home Care Services Agencies (LHCSAs) and other analogous in-home care models, ensuring that providers are not held liable for hours directed by the consumer or for caregiver claims beyond specifically directed service hours. Furthermore, we request clarification regarding existing discrepancies between DOL guidance on live-in hours and DOH guidance, specifically addressing the difference between the DOH's requirement for 13 hours of billing and pay and the DOL's expectation of 24 hours of pay available.


To learn more about our advocacy efforts, please click here. To engage with your local lawmakers on this topic, please contact Alyssa Lovelace.

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