powered by LeadingAge New York

DOH Guidance Available on LHCSA Moratorium

The final 2018-2019 State Budget established a two-year moratorium on the processing and approval of applications seeking the licensure of Licensed Home Care Services Agencies (LHCSAs). This moratorium became effective on April 1, 2018 and will continue until March 31, 2020.

The Department of Health (DOH) has issued guidance on the moratorium, including several provisions that allow for exceptions to it. The exceptions also address conditions for the consolidation of LHCSAs that will unfold due to the recently enacted cap on the number of contracts MLTC plans may have with LHCSAs. There are additional restrictions on changes in ownership applications in this policy as well. Read the detailed guidance on the moratorium here.

The following are limited exceptions for the processing and approval of certain LHCSA applications during the moratorium period:

  • An application seeking licensure of a LHCSA that is submitted with an application for an Assisted Living Program (ALP) authorized pursuant to section 461-a of the Social Services Law;
  • An application seeking approval to transfer/change ownership for an existing LHCSA that has been licensed and operating for a minimum of five years for the purposes of consolidating the licenses of two or more LHCSAs; and
  • An application seeking licensure of a LHCSA where the applicant demonstrates, to the satisfaction of the Commissioner of Health, that it would be appropriate on the grounds that the application addresses a serious concern such as a lack of access to home care services in a geographic area or lack of appropriate care, language and cultural competence, or special needs services.

To comply with the statute, no LHCSA application can be accepted for processing unless it meets one of the statutory exceptions. The LHCSA application and instructions have been updated to include information about each exception and what must be provided by the applicant to be considered for an exception.

The revised LHCSA application and instructions are now available on the DOH website. Applicants with already-submitted applications will be contacted individually with instructions. If you have any questions regarding these changes, please email homecareliccert@health.ny.gov.

LeadingAge NY will be working with DOH to resolve concerns with the guidance language regarding the ALP-related exception and other provisions. If you have concerns or questions relating to this new guidance, please contact me.

Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871