LHCSA Moratorium Guidance to Be Issued Soon

The newly enacted 2018-19 State Budget includes a moratorium on processing or approving Licensed Home Care Services Agency (LHCSA) applications, with limited exceptions, effective April 1, 2018 through March 31, 2020. The Department of Health (DOH) indicated last week that it will soon be issuing guidance on this matter. The moratorium does not apply to LHCSAs that have received establishment approval or contingent establishment approval but are not yet operational. The moratorium also does not apply to:

1. LHCSA establishment applications submitted with an Assisted Living Program (ALP) application;
2. applications seeking to transfer ownership of an existing LHCSA that has been operating for a minimum of five years for the purpose of consolidating ownership of two or more LHCSAs; and
3. an application where the applicant demonstrates that it would address a serious concern such as a lack of access to home care services in the geographic area or a lack of adequate and appropriate care, language and cultural competence, or special needs services.

Effective April 1, 2020, all LHCSA establishment applications will be required to demonstrate public need for the LHCSA and the financial feasibility of the proposed LHCSA operator.

The Department is reviewing the moratorium language and developing guidance for applicants, including guidance for license applications that are currently before DOH for consideration. Once the guidance has been developed, it will be distributed through DOH’s CON listserv and posted on its CON webpage. Additionally, applicants who have already submitted applications will receive correspondence with directions on how to proceed. If you are interested in receiving the LHCSA guidance when distributed, subscribe to the CON listserv by sending an email addressed to listserv@listserv.health.state.ny.us. In the body of the message, type: SUBSCRIBE CON-L YourFirstName YourLastName. (For example, if your name is “John Doe,” you would type: SUBSCRIBE CON-L John Doe.)

LeadingAge NY will provide guidance as it becomes available.

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