Proposed Rule Changes to Certified Home Health Agency (CHHA) and Licensed Home Care Services Agency (LHCSA) Requirements

Page 10 of the October 24 NYS Registry contains a notice of a proposed rule to amend Parts 763 and 766 of Title 10 NYCRR, which would:

- expand access to palliative care; and

- eliminate a physician from the LHCSA quality improvement (QI) committee.

The proposed rule would support MRT 109, which sought to expand palliative care services and it would support MRT 147, which would reduce regulatory burdens to providers by eliminating the need for a physician to serve on the LHCSA QI committee.

This proposed rule makes minor amendments to the regulations to be more in keeping with the federal regulations by eliminating  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 second minor adjustment is changing the maximum period of time that may lapse before a comprehensive assessment is reviewed from 62 days to 60 days, as this was an error in the regulations as originally drafted. Federal regulations, at 42 CFR § 484.55(d)(1), require review at least every 60 days.

DOH will be accepting comments on this proposed rule until Dec. 8. Please submit your comments to: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, or email: regsqna@health.state.ny.us.

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