Request for Applications for Adult Day Health Care Program Slots in Tompkins and Niagara Counties

Application Due Date Changed

The application due date has been changed to December 28, 2007.

October 26, 2007

Dear Potential Applicant:

The Department of Health is issuing this Request for Applications (RFA) to solicit applications from licensed Nursing Homes in both Tompkins and Niagara counties for 25 Adult Day Health Care Program (ADHCP) slots for each county. This action is being taken as a result of the recommendations contained in the Commission on Health Care Facilities in the 21st Century, or the Berger Commission Report, in accordance with the enabling statute of the Commission [Section 31 of Part E of Chapter 63 of the Laws of 2005].

The Guidelines for Review of the Certificate of Need (CON) Program Narrative are available on the Web site and contain the CON Schedules that will be required as part of the application. Please note that only a licensed Nursing Home operator may apply for an ADHC Program.

The Commissioner of Health may administratively approve certain construction projects upon notice to, but without the recommendation of, the State Hospital Review and Planning Council. These projects must be recommended for approval by the local Health Systems Agency and must meet statutory criteria. The information contained at the "Major Elements of a CON Review" Web site link, identifies criteria for determining the eligibility of a project for administrative review.

Applicants are strongly encouraged to review these materials as well as the statutes, rules and regulations that govern the ADHCP before they develop their applications. The regulations are available on the Department's Web site at On the menu on the right side of the home page, click on Laws and Regulations, and then click 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

An applicant Conference will not be held for this project. In lieu of a conference, there will be a Question and Answer period. All substantive questions should be submitted in writing to:

Douglas Reilly
Bureau of Licensure and Certification
Division of Home and Community Based Care
NYS Department of Health
161 Delaware Avenue
Delmar, New York 12054
Attn: ADHCP – Tompkins and Niagara

Written questions will be accepted until 3 PM on November 9, 2007. Responses to these questions will be posted on the Health Provider Network (HPN) and the Department Web site on November 23, 2007. Questions of a technical nature can be addressed in writing to the same address throughout the application period. Questions are of a technical nature if they are limited to how to prepare your application (e.g. formatting) rather than relating to the substance of the application.

In the event that any updates or clarification of information are warranted with regard to this RFA, they will be posted on the HPN and the Department Web site.

Complete applications received by the due date and time will be competitively reviewed and scored.

For the purposes of this Request for Applications, the highest consideration will be given to applications that most clearly demonstrate:

  • 25 points - Financial Feasibility: Financial feasibility is based on expenses, projected revenues, current financial status and capacity to retire debt;
  • 35 points - Program and Staffing: Program description with detailed staffing schedule;
  • 15 points - Current Compliance: Facilities operated by the applicant must be in substantial current compliance with state, federal and local codes, as applicable;
  • 15 points - Construction: Buildings 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 and
  • 10 points - Geographic Location: Proximity of the Nursing Home to the proposed location of the new ADHC Program, and/or the proximity of the proposed location of the new ADHC Program to the ADHC Program(s) affected by the Berger Commission Recommendations.

Please note that the Berger Commission Law waives the need requirement for Tompkins and Niagara County.

Given the limited number of ADHCP slots available in Tompkins and Niagara Counties through this initiative, the Department expressly reserves the right to issue notices of conditional approval to applicants for a lesser number of ADHCP slots than requested by an applicant.

The application process will be competitive. Thus applicants should pay close attention to the requirements in the application package. Incomplete applications will not be eligible for approval and will not be reviewed and scored. Complete applications must be received by 3 PM on December 28, 2007. No material will be accepted after the due date and time. The Department is not responsible for failures in delivery.

Submit applications to:

Douglas Reilly
Bureau of Licensure and Certification
Division of Home and Community Based Care
NYS Department of Health
161 Delaware Avenue
Delmar, New York 12054
Attn: ADHCP – Tompkins and Niagara

Submission deadlines are as follows:

Release Date October 26, 2007
Questions Due November 9, 2007 by 3:00 PM
Answers Posted November 23, 2007 by 3:00 PM
Applications Due December 28, 2007 by 3:00 PM


Mark Kissinger
Deputy Commissioner
Office of Long Term Care