Situation Report | June 21, 2021
The state Department of Health (DOH) has posted guidance on its policy for character-and-competence review when an individual has provided false or inaccurate information, or omitted material information, at any point during a licensure or other application process.
The guidance specifically refers to certificate of need (CON) applications, licensed home care services agency (LHCSA) applications, adult care facility (ACF) common applications or transfer-of-ownership interest notices.
DOH says it will maintain a database of all applicants who have received a character-and-competence review in connection with the above applications, along with the results of that review. This information will be viewable by DOH for seven years in relation to applications or notices submitted for Article 36 home care agencies and for ten years in relation to all other applications and notices.
Effective immediately, “applicants whom the Department has discovered submitted a false affidavit in lieu of an application schedule or submitted false or inaccurate information or failed to disclose material information anywhere in an application or at any point in the application process, will have such fact noted in the character-and-competence database.”
This information will be a factor in determining whether the Department will recommend approval of the applicant in any concurrent or subsequent character-and-competence review undertaken on other applications filed by the applicant.
General questions regarding this policy may be submitted to b-pad@health.ny.gov.