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Updates for ACF and Assisted Living Providers

LeadingAge New York has been meeting with the Department of Health (DOH) on a monthly basis regarding Adult Care Facility (ACF) and Assisted Living (AL). Below is a variety of updates based on our most recent conversations with DOH. Given this ongoing dialogue, we encourage you to reach out to us on any issues you are experiencing, or questions that you have, so that we can bring them to the attention of the Department. In addition, DOH invites providers to use bureau mailboxes to submit questions for their consideration. Click here to view the list of emails by subject. We encourage you to copy us on the emails, so we can provide any follow up or assistance.

Enhanced Level Residents Living on Non-Egress Floors

DOH will issue a Dear Administrator Letter (DAL) in the next month or so about residents in Enhanced Assisted Living Residences (EALRs) living on non-egress floors. This DAL will provide more details about the expectations of the Department to ensure the safety and well-being of such individuals. Key considerations relate to the ability to evacuate in the event of an emergency. The regulations require adequate staffing, but do not prescribe exactly what this means. Providers must use their judgment regarding the proper level of staffing, on all shifts, to meet the needs of both the enhanced level residents, as well as those without enhanced needs. In addition, all staff should know the plan and be able to evacuate. DOH reminds providers to continue to practice full evacuations, particularly in the upcoming warmer months.Your local fire department or agency may be helpful in developing a plan. You may also reach out to your regional offices proactively to discuss.

DOH notes that providers have been cited regarding this issue. If it does become a survey issue, providers are reminded of the IRP process to resolve the dispute. More information will be provided in the forthcoming DAL.

Pending ACF and AL Applications 

Providers with applications for ACF or AL services - contact your project manager if you have any questions regarding the status. DOH is aware of the delays in processing related to the legal section of the application, and are working to resolve the issue.

Operating Certificates 

DOH has staff working on issuing operating certificates, which had been delayed upon the loss of some key DOH staff. We hope you are experiencing improvement in this area. Please let us know of your experience.

Medical Evaluations and Physician Signatures

DOH reported that all pages should be signed if a physician attaches a medication list to a medical evaluation, in the event that the pages are somehow separated. The signature can be electronic.

Electronic Plan of Corrections Pilot 

DOH is currently piloting the Electronic Plan of Corrections (EPoC) submission through the Health Commerce System.  DOH and LeadingAge NY thanks members for participating in the pilot, and DOH is willing to have additional participants in the pilot, if you are expecting a survey in the near future. DOH plans to implement the EPoC throughout the ACF community in the summer, and the pilot is going well thus far.

Criminal History Record Check (CHRC) Feedback

DOH is interested in your feedback regarding the CHRC process, which was newly implemented for ACFs on Jan. 1, 2015. Please let us know if you have any concerns.

Regulatory Reform Update 

Meetings regarding our regulatory reform efforts are scheduled for the next few months. We'll be meeting with DOH and other stakeholders every 2-3 weeks. We are currently still working through the Resident Funds and Valuables sections of regulation, with the next section planned to be Resident Rights and Residency Agreements. Members interested in participating in the LeadingAge NY workgroup, or providing input into the process, should contact Diane Darbyshire.

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