DOH Rescinds Third-Party Architectural Certification Requirement for ACF Applications

(Dec. 10, 2024) LeadingAge NY is pleased to report that the Department of Health (DOH) has issued a Dear Administrator Letter (DAL) announcing their removal of the requirement for a third-party architect to approve architectural submissions for applications for Adult Homes, Enriched Housing Programs, Assisted Living Programs (ALPs), and Assisted Living Residences (ALRs), including Special Needs ALRs and Enhanced ALRs. This is the first of what we hope will be several wins that come from our efforts on the DOH Adult Care Facility (ACF) Licensure Streamlining Workgroup. 

In this workgroup, LeadingAge NY is also working to revise the process by which routine maintenance projects have to go through the NYS Electronic Certificate of Need (NYSECON) system, as outlined in this DAL. DOH is in the process of reviewing the Construction Notice process which was instituted in 2011 for nursing homes. We are striving to have projects that are more routine in nature become a notification process, rather than subject to review and approval by DOH. We are also seeking some additional improvements to this process, to streamline and improve the process for members.

We are also working in this process to ensure that the Department takes a logical, streamlined approach to the development of the ALP needs-based application process, which is due by April 1, 2025. We want to ensure that any process put in place is able to evolve as conditions change and is not overly cumbersome for DOH to administer. Given the time it will take for DOH to implement a new process and for those new ALP beds to come online, we have also advocated for opportunities to achieve small increases in ALP capacity through:

• the reinstatement of a prior opportunity for existing ALPs to expand by nine or fewer beds if not requiring major renovation or construction; and
• allowing for nursing homes to decertify beds to create new ALP capacity.

We will keep members apprised of developments with these issues and the Streamlining Workgroup. Click here for background on these efforts.

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