Situation Report | June 29, 2020
Today, June 29, is the deadline for Licensed Home Care Services Agencies (LHCSAs) to complete a survey related to the LHCSA public-need methodology process. The survey is implemented through the Health Electronic Response Data System (HERDS) on the Health Commerce System.
The survey asks about patient counts as the state Department of Health (DOH) seeks to identify the number of LHCSAs actively serving patients in each county.
Questions can be sent to hcstatrpts@health.ny.gov.
As extensively reported, a LHCSA public-need methodology was to be effective April 1, by statute, yet implementation activities have largely been suspended due to the COVID-19 public health emergency.
Under that methodology, LHCSA licensure applications will need to include information on the public need for additional LHCSAs or LHCSA capacity and the financial resources of the proposed agency, in addition to the existing requirement of a character-and-competence review.
A final rule implementing the need methodology was posted in early March. HCA had submitted comments in December on the then-proposed rule and some of our concerns and questions were addressed in the final rule, including our recommendation that DOH include the word “rebuttable” as a proviso for LHCSAs seeking to contest the five-or-more LHCSA presumption outlined above.