DOH Issues Guidance on Submission of False Information in CON and License Applications for CHHAs, LHCSAs, and ALPs
The Department of Health (DOH) issued a June 11th Dear Administrator Letter (DAL) to applicants submitting certificate of need (CON) applications, licensed home care services agency (LHCSA) applications, and adult care facility (ACF) common application or transfer of ownership interest notices notifying them that DOH has a new policy regarding the review of an applicant's character and competence when an applicant has provided false or inaccurate information or has omitted information at any point during the review process.
DOH will maintain a database of all applicants undergoing a character and competence review in connection with an application. Information for Article 36 agencies will be retained for seven years; all other applicant information will be retained for 10 years.
The guidance sets forth a process whereby any false information or information failed to be disclosed in an application will be noted in the database and will be considered in the review process. Applicants will be given the opportunity to provide a written explanation or provide supplemental information for any discrepancies in their application submission. If that information is false or an applicant fails to provide a reasonable explanation for the inaccurate information, an automatic recommendation of disapproval of the applicant's character and competence may occur for a period of three years.
Members are encouraged to review the guidance. The Department has recently indicated that the LHCSA license application process will soon be opening back up, and this guidance may also signal this prospect. DOH is currently reviewing the new LHCSA application form guidance at this time. LeadingAge NY will keep members informed regarding the status of its issuance.
General questions on the policy may be submitted to b-pad@health.ny.gov. Questions regarding applications should be directed, accordingly, to the following:
- CON Applications: cons@health.ny.gov
- LHCSA Applications: homecareliccert@health.ny.gov
- ACF Common Applications: acfcon@health.ny.gov
Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342