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LeadingAge NY Meets with DOH on Provider Issues

(Sept. 17, 2024) LeadingAge NY meets with the Department of Health's (DOH) Office of Aging and Long-Term Care (OALTC) along with other provider association colleagues on a regular basis. Last week's meeting yielded the following conversation points:

Infection Control

The Department urged providers to stay alert as we enter "triple threat" (COVID-19, flu, and respiratory syncytial virus (RSV)) season and urged vaccination and proper infection control.

Minimum Staffing Requirement

Minimum staffing compliance notices were sent out on Aug. 21st for Q1 2023. Four nursing homes have not downloaded their notices. DOH is working on processing the distribution of safe staffing funding, but no date for release has been set.

​​​​​​​Home Care Training 

The Department will continue its training series for licensed home care services agencies (LHCSAs). A training will be held on Sept. 27th regarding Plans of Correction. Providers should look for this announcement via email and in the Integrated Health Alerting and Notification System (IHANS).

DAL on Telehealth for Home Care

DOH recently issued an updated Dear Administrator Letter (DAL) on telehealth which focuses solely on home care and hospice. This is an update to the October 2023 DAL on telehealth which addressed home and community-based services (HCBS) providers generally, including adult day health care (ADHC) and adult care facilities (ACFs).

This guidance clarifies that providers may use telehealth under federal and state license requirements, provided that use is consistent with Medicare and Medicaid waivers and guidance, commercial insurance requirements and patient choice. In addition, it is the responsibility of the provider to be knowledgeable of and compliant with Medicare and Medicaid regulatory flexibility and timelines. 

Remote technology use in home health care and hospice will not be allowed for the following:

  • For in-person initial medical, clinical, mental health, or dental assessments.
  • To perform the Functional Supplement component of the Uniform Assessment System for NY (UAS-NY).
  • At any time when the patient is not able to access a secure location.
  • As a substitute for in-person delivery of any personal care services by a provider licensed under Article 36 of the Public Health Law.

Please let us know if you have concerns with the new guidance. 

Update Your HCS Contacts

Mike Chittenden, Director of OALTC's HCBS Division, urged associations to ensure that providers have the most up-to-date contact information in the Health Commerce System (HCS) for emergencies. The Department must be able to reach facility and agency leadership directly in emergencies.

Statistical Reporting

Home health and hospice statistical reports will be posted in late September for certified home health agencies (CHHAs) and hospices. The LHCSA Statistical Report will likely be posted in early October.

Master Plan for Aging

The Department stated that the Stakeholder Advisory Committee for the Master Plan for Aging (MPA) has been refreshed and is reviewing the recommendations from committees and workgroups. This committee is responsible for issuing the Advisory Report, which was due some time ago. The recommendations will be sent to agencies to review and turn into concrete proposals to send to the Governor. The State is also having industry roundtables to solicit interest. Other than that, there are no concrete updates.

COVID-19 Vaccines

The Department is in the process of sending new COVID-19 vaccines to long term care facilities. It stated that a DAL on this issue was imminent.

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