Proposed CHHA and LHCSA Regulation Finalized

In the May 15 NYS Register, DOH posted a notice adopting the regulatory changes impacting Certified Home Health Agencies (CHHAs) and Licensed Home Care Services Agencies (LHCSAs). The adopted rule covers:

1. MRT Proposal 109 which sought to expand access to palliative care services.

• Adds a requirement that the plans of care and medical orders required for patients of CHHAs and LHCSAs address the patient’s need for palliative care.

2. MRT Proposal 147 aimed to reduce regulatory burdens on providers.

• This eliminates the need for a physician to serve on the quality improvement (QI) committee of LHCSAs.

The following amendments were made to align these regulations with federal requirements and to correct errors:

1. Eliminates the requirement that CHHAs provide more than one qualifying service directly to coincide with the federal standards as defined in 42 CFR § 484.14(a). The current regulation appears to require CHHAs to provide more than one service directly, which the Department of Health does not require, and this has led to confusion among interested agencies.
    
2. Changes the maximum period of time that may elapse before a comprehensive assessment is reviewed from 62 days to 60 days, as this was an error in the regulations as originally drafted.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871.