DOH Issues Guidance on Home Care Agency Recruitment Offices and Remote Operations
On July 16th, the Department of Health (DOH) issued a Dear Administrator Letter (DAL) related to the establishment of recruitment offices and remote operations of home care agencies in response to operational changes that may have occurred during the COVID-19 pandemic. The purpose of the guidance is to set forth expectations and to remind agencies of their responsibilities related to the establishment and use of recruitment offices and/or remote agency operations.
Recruitment and Satellite Offices
Licensed home care services agencies (LHCSAs) are reminded that pursuant to 10 NYCRR 765-2.2(d), agencies must “notify the department, in writing of any proposed change in address or office site location at least 10 days prior to effecting such change.” Therefore, at least 10 days prior to opening any additional office location, including a recruitment or other satellite office, LHCSAs must contact and submit a written request to their Regional Office Program Manager for approval to open a recruitment or other satellite office. Written requests must include the following:
- Specific and detailed explanation of the purpose of the office and any activities that will be conducted at the site.
- Signed attestation that the office will be used for recruitment purposes or for purposes of dropping off and obtaining supplies, which includes confirmation of the following:
- No services will be provided from the proposed office;
- No records will be stored/maintained at this location (e.g., personnel, patient, etc.);
- Office address; and
- Acknowledgment that the Department has the right to inspect all agency locations, including satellite/recruitment offices.
The Department is aware that such sites may have been added without Department approval and urges all LHCSAs to contact their Regional Office immediately to report any sites that have been added. Failure to notify the Regional Office can result in enforcement.
Remote Work
The Department understands and supports the need for several home care agencies to migrate to remote operations during the COVID-19 public health emergency (PHE). For agencies working remotely, the Department reminds agencies that they are required to:
- Notify the agency’s appropriate Regional Office, which includes providing contact information to allow the continuation and facilitation of Department survey activities;
- Develop policies and procedures for remote work with special attention to the safety and security of patient information; and
- Make staff available at the office location listed on the agency’s operating certificate during a Department survey or at the request of the Department.
The Department understands that many agencies may desire to continue remote operations in some form following the COVID-19 pandemic. The Department is exploring this as an option and will provide an update when available. Until further direction from the Department, however, remote operations are allowable only during the declared State of Emergency related to COVID-19, as declared under Executive Order 202. As members know, the state PHE expired on June 25, 2021; therefore, this flexibility is no longer available.
Questions related to this guidance should be directed to homecare@health.ny.gov.
Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342