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New HERDS Survey for LHCSAs

The Department of Health (DOH) is requiring a new Health Emergency Response Data System (HERDS) survey for Licensed Home Care Services Agencies (LHCSAs).

The survey started Mon., Oct. 4, 2021 and will be repeated daily for the remainder of the week. It will then be collected every Monday, Wednesday, and Friday until further notice starting Mon., Oct. 11, 2021. The weekly survey opens at 8 a.m. and is due by 1 p.m. Agencies that fail to respond may be referred for enforcement, which can include fines of $2,000 per occurrence.

The survey seeks to understand how the Oct. 7th vaccine mandate is impacting staffing and the capacity to serve home care patients. Members can review the survey here. Please note that this version is dated Mon., Oct. 4th. Questions, in general, are listed below. LeadingAge NY is concerned that this survey does not account for new cases unable to be served and staff who have already quit or been terminated. Personal protective equipment (PPE) questions originally part of the survey have been eliminated.

According to Dear Administrator Letter (DAL) DHCBS 16-11 regarding Emergency Preparedness for Home Care and Hospice, issued in 2016, the definition of Level 1 is as follows:

High Priority. Patients in this priority level need uninterrupted services. The patient must have care. In case of a disaster or emergency, every possible effort must be made to see this patient. The patient's condition is highly unstable and deterioration or inpatient admission is highly probable if the patient is not seen. Examples include patient requiring life sustaining equipment or medication, those needing highly skilled wound care, and unstable patients with no caregiver or informal support to provide care.

Capacity questions:

Number of patients on census; 

Number of patients who are Level 1;

Total hours of RN service provided yesterday;

Total hours of RN service not filled yesterday;

Aide hours provided yesterday;

Aide hours not filled yesterday;

Number of additional patient admissions you can accept.

Staffing questions:

Numbers of all staff and direct care staff fully vaccinated, partially, and unvaccinated;

Number of individuals with medical or other exemptions.

LHCSA and Assisted Living Program (ALP) LHCSA members should have received an Integrated Health Alerting and Notification System (IHANS) notice from DOH. ALP LHCSAs only serving ALP residents do not have to complete the survey. ALP LHCSAs serving both residents and patients in the community must only report staff and capacity relating to their delivery of care in the community.

Providers should make sure that their Health Commerce System (HCS) roles are updated to receive and complete the survey. DOH asks that providers submit questions to hcstatrpts@health.ny.gov.

LeadingAge NY knows how hard members are working and how burdensome these surveys are, and we continue to bring this to the Department’s attention. In addition, we have heard serious concerns in the home care arena (as well as from other members in certain parts of the state) regarding staffing issues and the impact on access to care. We are raising member concerns with the State and Governor’s Office. Please let us know if you are need of assistance.

Also, as a reminder from previous DOH guidance, all home care and hospice agencies must contact the DOH Surge and Flex Operations Center at 917-909-2676 anytime there is concern about health care personnel staffing, patient care capacity, or other triage concerns. The Surge and Flex Operations Center is available 24 hours a day, 7 days a week.

Please reach out to us if you have questions or concerns. 

Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342