DOH Issues LHCSA HERDS Survey to Identify Counties with Public Need for Additional LHCSAs

The Department of Health (DOH) has issued a survey to all Licensed Home Care Services Agencies (LHCSAs) to obtain the count of all unduplicated patients served between April 1, 2020 and April 1, 2021 and the number of patients on its roster as of April 1, 2021 in each county. This data will be used to determine whether new general purpose LHCSAs can be established in these counties.

As members know, due to the Department's focus on the COVID-19 pandemic, activities and guidance necessary to operationalize the new licensure and need methodology for LHCSAs have been delayed. However, the Department is now able to resume such activities.

The moratorium on the processing and approval of licensure applications for LHCSAs expired on March 31, 2020. The Department's regulations related to the new LHCSA public need methodology and financial feasibility review are effective as of April 1, 2020. The two-year moratorium and the new application review standards were enacted as part of Part B of Chapter 57 of the Laws of 2018.

The new regulations pertaining to the LHCSA public need methodology state: "There shall be a rebuttable presumption of no need for additional licensed home care service agencies in a planning area if there are 5 or more Licensed Home Care Service Agencies (LHCSA) actively serving patients within the planning area as of April 1, 2020." However, the regulations also allow that, "[b]eginning in 2021, the commissioner shall have the authority to adjust the target date for determining need for additional LHCSAs in a planning area, in subsequent years." (10 NYCRR 765-1.16) As there have been changes in the number of providers during the past year, the Department is issuing another Health Emergency Response Data System (HERDS) survey to identify the number of LHCSAs actively serving patients in each county in 2021 to update the public need numbers.

The need methodology provides an exemption for agencies affiliated with an Assisted Living Program (ALP), Program of All-Inclusive Care for the Elderly (PACE), Nurse Family Partnership (NFP), or Continuing Care Retirement Community (CCRC). These agencies are required to denote their affiliation with an ALP, PACE, NFP, or CCRC in the survey. Patients or residents in an ALP, PACE, NFP or CCRC should not be included in the counts; however, patients served outside of these programs or residences should be counted.

It is important that every LHCSA site submit the count of all unduplicated patients served between April 1, 2020 and April 1, 2021 and the number of patients on its roster as of April 1, 2021 in each county, as this data will be used to determine whether new general purpose LHCSAs can be established in these counties. This includes ALP LHCSAs only serving their residents.

The survey, the LHCSA County Patient Survey, was released on the Health Commerce System (HCS) on Sept. 27, 2021 and must be completed by COB on Oct. 15, 2021.

Questions should be sent to HCStatRpts@health.ny.gov.

LeadingAge NY will also be checking in with the Department on the current status of the Department’s consideration of new licenses for ALP LHCSAs and adding counties to existing LHCSA licenses.

Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342