Reinstatement of the Certificate of Need (CON) Application Process for Adult Day Health Care (ADHC) Applications
June 25, 2010
Dear Nursing Home Operator:
This letter is to inform you that the Department will reinstate the Certificate of Need (CON) application process for Adult Day Health Care (ADHC) applications in a second round beginning June 28, 2010. The due date for this second round of applications is August 27, 2010. However, applications will be processed as received so applicants do not need to wait until the due date to submit their applications.
Any application submitted during the suspension of processing must be updated and resubmitted by August 27, 2010 or the Department will consider it (non-active) abandoned. A new application fee will not be required for those previously submitted applications that are updated and resubmitted.
Review of the CON applications will include a review of need as defined in 10 NYCRR 709.13, as well as statutory tests of character and competence, and financial feasibility. The newly revised 2015 ADHC Need Estimates can be found at the New York State Department web-site at: http://www.nyhealth.gov/health_care/medicaid/program/longterm/addc.htm . In addition, the building must comply with Title 10, Chapter V, Article 2 (Parts 710-717) of the Official Compilation of the Rules and Regulations of the State of New York.
The Guidelines for Review of the Certificate of Need (CON) Program Narrative are available on the DOH web-site and contain the CON Schedules that will be required as part of the application. Please note that at this time, only a licensed Nursing Home operator may apply for an ADHC Program. Please review the following web link for additional information: More about the CON Process .
Applicants are strongly encouraged to review the instructional materials on the Department's web-site as well as the statutes, rules and regulations that govern ADHC Programs before applications are developed. The regulations are also available on the Department's web-site by clicking on "Laws and Regulations," in the site "Site Contents" menu on the right side of the home page, and then clicking on "Title 10 of the Official Compilation of New York Codes, Rules and Regulations (NYCRR)."
Adult Day Health Care Programs must be in compliance with the following relevant sections:
- 10 NYCRR 425 – Adult Day Health Care
- 10 NYCRR 710.1 – General Provisions
- 10 NYCRR 711-5 – General structural, equipment and safety of existing nursing homes
- 10 NYCRR 713-2.13 – Adult Day Health Care programs
Please contact Guy Warner, Deputy Director, Division of Assisted Living, at (518) 408-1624 if you have any questions.
Office of Long Term Care
2015 Adult Day Health Care Program County Need Estimates
|County||2015 Projected Need (Slots)||Total Resources*||Unmet Need**|
|Hudson Valley Total||432||263||169|
|Long Island Total||1,365||1,314||51|
|New York State||6,293||4,725||1,568|
|*Includes CON applications that emanated from rightsizing proposals or Berger Commission recommendations and CON applications approved subsequent to 1/1/09.|