DAL 11-06: LTHHCP Additional Capacity - June 2, 2011

June 2, 2011

Dear Administrator:

The New York State Department of Health is pleased to announce an initiative to allow existing Long Term Home Health Care Program (LTHHCP) providers the opportunity to increase capacity in counties they already have approval to serve.

Providers may request additional capacity of up to 50% of their currently approved capacity in each county or 100 slots in each county, whichever is greater. The increased capacity will be approved for a one year period which will commence on the effective date of the revised operating certificate. The approval of additional capacity will be conditioned on the submission of a complete application requesting approval to become enrolled as a Managed Long Term Care Plan or a Care Coordination Organization.

The additional capacity must be requested through the submission of a CON application using the NYSE CON system and must be received by the Department no later than December 31, 2011. Applications for this initiative will not be reviewed until the required $2,000 application fee is received. Existing LTHHCPs which currently have a CON application on file requesting approval for additional LTHHCP capacity in a county they already have approval to serve may revise the existing CON to request approval under this initiative. The revision must reference the CON number assigned to their current application, include updated schedules and be received by the Department no later than December 31, 2011.

The abbreviated executive summary submitted in Schedule 1 of the CON must specifically state that the purpose for the additional capacity is to provide services to individuals who are transitioning to managed long term care and/or other care coordination organizations and must include a justification for number of additional slots requested. The narrative must include how many additional slots are being requested in each county.

The CON applications submitted under this initiative will be treated as an administrative review. The review will consist of a programmatic and a financial review. Only those agencies that are in current compliance with all regulatory requirements for a LTHHCP will be eligible for additional capacity under this initiative. Upon successful review of the application, an updated operating certificate will be issued which will include the increased capacity in each county. The increased capacity will be approved for a one year period which will commence on the effective date of the revised operating certificate.

Providers approved for additional capacity under this initiative must submit an application to become enrolled as a Managed Long Term Care Plan or a Care Coordination Organization within 120 days after the guidelines for these programs are issued by the Department. Providers that decide not to submit an application or do not receive approval to become a Managed Long Term Care Plan or a Care Coordination Organization must immediately notify the Office of Long Term Care; upon such notification, their operating certificate will be revised to remove the additional capacity awarded under this initiative.

The LTHHCP must continue to comply with all conditions of the Medicaid Waiver.

If you have any questions regarding this, please sending an e-mail to Homecare@health.state.ny.us or contact Mary Ann Anglin at (518) 408-1600.

Sincerely,

Mark L. Kissinger
Deputy Commissioner
Office of Long Term Care