DOH Issues DAL Regarding Controlled Substance Licensure for Enriched Housing Programs
On Dec. 13th, the Department of Health (DOH) issued a Dear Administrator Letter (DAL) to outline their position regarding enriched housing programs (EHPs) that do not possess additional licensure and Class 3a licensure. The Bureau of Narcotic Enforcement (BNE) has determined that EHPs that do not possess assisted living residence (ALR) licensure, Enhanced Assisted Living Residence (EALR) licensure, or Special Needs Assisted Living Residence (SNALR) licensure may not retain an end-user's prescribed controlled substance and obtain a Class 3a license.
LeadingAge NY understands that this is a departure from previous guidance issued by DOH and raises additional questions and concerns. We have raised these issues with DOH and BNE; however, BNE believes that the current regulations and statute require this change. Over the past two years, when EHPs have had their Class 3a licensure up for renewal, BNE has contacted them regarding the change and committed to working with providers to implement a new process that is consistent with their interpretation of the requirements.
It is notable that the DAL does not address EHPs that have assisted living program (ALP) licensure. Based on previous conversations, it was our understanding that EHPs with ALP licensure could retain their Class 3a licensure and retain an end-user's prescribed controlled substance. We have requested clarification on this issue.
The DAL outlines that adult homes are eligible to retain an end-user's prescribed controlled substance and obtain a Class 3a license.
If you have any questions regarding this DAL and next steps for your EHP, please let us know.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828