LeadingAge NY Participates in Second DOH ACF Licensure Streamlining Workgroup Meeting
(July 29, 2024) On July 24th, LeadingAge NY participated in the second meeting of the Department of Health (DOH) Adult Care Facility (ACF) Licensure Streamlining Workgroup. The group was established to identify ways to update and streamline some of the processes managed by the licensure staff at the Department. Click here for more background.
During this second meeting, the group took three of the issues discussed at the last meeting and established workgroups that will work outside of these meetings and report back to the larger group, as discussed below. It should be noted that these are all discussions at this point, and any policy change will be communicated by the Department.
- Revision of Routine Maintenance and Procedure: LeadingAge NY and other workgroup members expressed concerns about the current process by which routine maintenance projects have to go through the NYS Electronic Certificate of Need (NYSECON) system, as outlined in this Dear Administrator Letter (DAL). We know that this has been a difficult process for some members under certain circumstances. LeadingAge NY will serve on this group, charged with recommending improvements to this process. We will begin by examining what is done for nursing homes and the Construction Notice process. Nursing homes have a grid that can be consulted to determine what type of project needs what level of review, which the workgroup will consider to inform parameters for ACF submissions. The group will then consider how best to implement, with the acknowledgment that the NYSECON system does not fit these projects well. Members are welcome to share their experience with this process, as it will inform our advocacy in improving this process.
- Eliminating Third-Party Architectural Certification: This certification process in Schedule 5B of the ACF Common Application was established years ago when DOH did not have architectural staff. Now that DOH has David Seidner as the architect for ACF licensure, this process is redundant and unnecessary at this time. It was acknowledged that it may in the future be needed if staffing changes and/or if the Department otherwise finds it necessary for a particular project, however. DOH staff will review this issue further and propose changes to the workgroup.
- Out-of-State Character and Competence Procedure Revision: A third workgroup is being established to identify ways to improve the character and competence process for out-of-state (or even out-of-country) applicants. They are considering the idea of accepting an affidavit or self-certification, with consequences for any misrepresentation. The workgroup will consider what standards should be disclosed in the attestation, consistent with what is in Schedule 2D of the ACF Common Application.
Brief Delay in Issuing ACF Operating Certificates Resolved
It was noted that there was a brief delay in the issuance of ACF Operating Certificates because of a change in leadership at DOH. This has been resolved, and there should not be ongoing delays.
Next Steps
The next meeting of this larger workgroup is Aug. 7th, with the aforementioned topic-specific workgroups meeting in the interim. A future issue for this workgroup is the Assisted Living Program (ALP) need methodology, which the State must develop by April 1, 2025.
Initial discussions of this workgroup are promising as the Department and stakeholders work together to find improvement and efficiencies for all parties. We invite member feedback on all of these issues to inform our advocacy in these discussions.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828