State Issues HCBS DAL as State Transitions to Statewide Fiscal Intermediary

(Feb. 25, 2025) The Department of Health (DOH) issued a Dear Administrator Letter (DAL) to Home and Community-Based Services (HCBS) providers to share pertinent information as personal assistants and consumers currently in the Consumer Directed Personal Assistance Program (CDPAP) consider moving to Licensed Home Care Services Agencies (LHCSAs) amidst the transition to a single Statewide Fiscal Intermediary (FI) serving CDPAP. HCBS providers should note the foundational differences between the two programs for both consumers and aides if they transition to LHCSA care.

The DAL addresses programmatic differences relating to the following issues:

Employment status and consumer control of personal care aide;
Differences in allowable health-related tasks (matrix provided);
Criminal background checks for LHCSA aides;
Requirement of personal care aide training program and in-services for aides serving in LHCSAs;
Restrictions for providing LHCSA personal care of a parent, son, daughter, etc., or if residing in the home of the recipient; and
Required new prior authorization, plan of care, and person-centered service plan before LHCSA services begin.

Rules for provision of LHCSA care apply to both employees and patients. Members are encouraged to review the guidance carefully.

Questions regarding billing and payment should be directed to StatewideFI@health.ny.gov. Questions regarding LHCSA regulations should be directed to homecare@health.ny.gov.

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