ACF and Assisted Living Updates from DOH

(Aug. 12, 2025) LeadingAge New York met with the Department of Health (DOH) and other stakeholders last week, and we have two quick updates for adult care facility (ACF) and assisted living members.

Upcoming Dietary Workgroup

The Department reported that they plan to implement a Dietary Workgroup for ACFs. Dietary and food service regulatory interpretations have been raised as an area of concern in the context of the conversations we are having with DOH regarding the survey process (click here for more background). We will work to ensure that this workgroup results in a shared understanding of regulatory interpretations regarding dietary and food service requirements, as well as special diets. We anticipate the work to begin in Sept. Members are encouraged to share any questions or concerns regarding this topic with us to inform our advocacy.

LHCSA Weekly Survey for ALPs

There was discussion regarding the weekly Licensed Home Care Services Agency (LHCSA) weekly Health Electronic Response Data System HERDS survey that changed in mid-June (click here for more background). In addition to collecting the LHCSA patient census by county, another significant change made in June was that Assisted Living Program (ALP) LHCSAs that serve only their residents will now have to complete this report.

During the meeting, DOH was urged to allow ALPs that have LHCSAs that only serve the ALP, and not the broader community, to stop reporting. However, DOH reported that at least 25 ALPs are not currently reporting. We will continue to push for relief, however, we urge that all ALPs ensure that they are currently complying with the requirement to conduct the weekly HERDS LHCSA report, released every Tuesday. Currently, all ALPs should be submitting the weekly LHCSA HERDS report. 

Conclusion

LeadingAge NY is meeting with the Department regularly. We urge members to keep us apprised of any questions or concerns you may have, so we can bring them to these discussions and advocate appropriately.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828