DOH Issues Telehealth Guidance for ADHC, Home Health, Hospice, and ACFs

The Department of Health (DOH) issued a Dear Administrator Letter (DAL) this week in response to provider requests to clarify general telehealth guidance issued in the NYS Medicaid Update February 2023 Special Edition. The guidance is specific to Adult Day Health Care (ADHC), Home Care and Hospice providers, and Adult Care Facilities (ACFs), including Assisted Living Program (ALP) providers.

The guidance offers guardrails for Home and Community-Based Services (HCBS) providers as they offer telehealth in the community, as opposed to an immediate broad application of telehealth services. The guidance states:

While telehealth may generally be acceptable in various circumstances with patient consent, it is not acceptable:

For in-person initial medical, clinical, mental health, or dental assessments and follow-up visits;
To perform the Functional Supplement component of the Uniform Assessment System-New York (UAS-NY);
At any time when the patient is not able to access a secure location; or
As a substitute for in-person delivery of any personal care services by a provider licensed under Article 36 of the Public Health Law, or for the delivery of meals or congregate or rehabilitative activities or for required resident/patient supervision services in any setting.

LeadingAge NY and the Adult Day Health Care Council (ADHCC) are clarifying various aspects of the new guidance with the Department, including questions surrounding the definition of “secure location,” limitations on telehealth for the UAS and other patient assessments, and the range of services that can be provided by an ADHC and other providers via telehealth. Questions regarding billing of services will likely have to be answered separately by DOH staff who handle reimbursement issues and billing codes.

If members have questions as to the applicability of the guidance, feel free to contact us. If providers have questions for the Department, they should contact the applicable program via email: acfinfo@health.ny.gov, nhinfo@health.ny.gov, or homecare@health.ny.gov.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871