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Regulatory Actions Under Consideration

In the Sept. 28th NYS Register are several regulatory actions under consideration. They include:

Title 10 NYCRR

760.5 Certified Home Health Agency (CHHA) – amend the regulation to update the need methodology used to estimate the need for CHHAs.

790.16 Amend the regulation to update the need methodology used to estimate the need for hospice care and services.

Title 18 NYCRR

505 Medical Assistance – Add or amend regulations for the requirements for the Community First Choice Option (CFCO). As we have previously reported, CFCO is a program that will provide additional federal matching funds for home and community based attendant services and support provided to certain individuals who require an institutional level of care.

Another potential area of new regulation is the Home and Community-Based Settings Final Rule, which requires the state to file a transition plan detailing steps it will take to implement the requirements of the rule.

505.33 Personal Emergency Response Services (PERS) – Amend the regulations to allow for annual authorizations and to delete the requirement that authorization of PERS be contingent upon a reduction/elimination of personal care aide/home health aide hours.

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