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You are Here: Home Page > Assisted Living Program Application > Dear Potential Applicant: Assisted Living Program Initiative  

Dear Potential Applicant: Assisted Living Program Initiative

September 10, 2010

RE: Assisted Living Program Initiative

Dear Potential Applicant:

Pursuant to Chapter 58 of the Laws of 2009, the Commissioner of Health is authorized to establish up to 6,000 new Assisted Living Program (ALP) beds within a five-year period (April 2009-March 2014). This law requires that an equal number of Nursing Home (NH) beds be decertified for the new ALP beds to be authorized. In order to be eligible to operate an ALP, all applicable ALP requirements that pertain to operating an Adult Care Facility licensed by the NYS Department of Health (DOH) and a Licensed Home Care Services Agency must be met. This second solicitation is due October 28, 2010, however applicants do not need to wait for this date to apply.

As part of the SOI process, an ALP bed pool was created based on previous NH bed decertification. NH beds which are decertified in the future will also be added to the pool of available ALP beds. Currently the number of beds in the pool is 1,451. Unlike the first round of the SOI process in the current round all the ALP pool beds will be eligible for applicants.

Currently licensed ACF operators may apply for ALP beds that have become available as a result of decertified NH beds in those instances where new ALP beds have not been requested by the NH operator decertifying the beds. Applications proposing the creation of new ALP beds will receive preference over applications proposing the conversion of other licensed Adult Care Facility beds.

A NH operator, which seeks to decertify some or all of its beds and apply for ALP beds, may do so through the ongoing solicitation process. NH operators selected to proceed will need to submit the required Certificate of Need (CON) application(s). The number of ALP beds approved will not exceed the number of NH beds decertified unless there are beds available in the pool as described above. If the number of ALP beds approved is less than the number of NH beds decertified, the NH beds will go into the general pool of beds authorized and available.

SOI information will be reviewed based on the predetermined selection criteria. Selection criteria include but may not be limited to:

• Financial feasibility of the project;
• Completeness and accuracy of the information provided in the SOI;
• Timeliness of project implementation;
• Ability of applicant to meet legal requirements, including site control;
• Ability of applicant to meet architectural requirements for ALP; and
• Approval of NH decertification application, as applicable.

The SOI form and the materials are available at the Department of Health web site at:

• www.nyhealth.gov/facilities/assisted_living/program_application

Interested parties are encouraged to review these materials as well as the law, rules and regulations that govern the ALP before they submit their SOI form. The regulations are available on the Department's web site at the following web site link:

• www.nyhealth.gov/nysdoh/phforum/index.htm

SOI forms that are on file or are submitted based on the issuance of the web notice will be batched and reviewed periodically. SOIs will remain on file for the entire period of the Alp 6000 initiative. SOIs may be amended or updated at any time. The Department will accept written questions received on the Department web site. All questions should be submitted via email, no later than October 6, 2010, with the subject line ALP 6000, to ALPapplication@health.state.ny.us . In the event that any updates and/or clarification of information are warranted with regard to this process, they will be posted on the Health Provider Network (HPN) and the Department website.

The highest consideration will be given to:

• Projects targeted toward services to people who may be placed in a Nursing Home and whose residential and healthcare needs can be met by the ALP; and
• Applicants who demonstrate a commitment to admit and retain individuals in receipt of SSI, Safety Net benefits or Medical Assistance (MA).

SOIs will undergo batching and triage process. The priority for processing of SOIs will be as follows:

• Highest Priority: SOIs which propose to decertify NH beds and the number of NH beds being decertified is greater than or equal to the number of ALP beds proposed.
• Middle Priority: SOIs which propose to decertify NH beds and the number of NH beds being decertified is less than the number of ALP beds proposed.
• Lowest Priority: SOIs which do not propose to decertify NH beds.

If the SOI is selected to proceed, the Department will send written notification to the applicant identifying the Certificate of Need (CON) application actions required. Nursing Home entities decertifying beds will be required to submit both an Article 28 CON and an Article 7 CON. Adult Care Facility operators will be required to submit an Article 7 CON.

If you should have any questions regarding the SOI process or a question regarding filing an Article 28 CON or an Article 7 CON application, please send an e-mail to the Department at: ALPapplication@health.state.ny.us .

Sincerely,

Mark Kissinger
Deputy Commissioner
Office of Long Term Care

• General Application Steps for ALP 6000 (Phase 2)