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LHCSA Regulatory Requirements (DAL DHCBS 18-03)
New Yorksub_regulatoryNew York State Department of Health, Office of Primary Care and Health Systems Management· effective 2018-08-23
What this rule requires your agency to do
- 1LHCSAs must comply with their obligations under Title 10 of the NYCRR, including 765-2.3 (discontinuation, revocation, suspension, limitation or annulment of a license), 766.1 (patient rights), 766.2 (patient service policies and procedures), and 766.3 (plan of care).(LHCSA Regulatory Requirements (DAL DHCBS 18-03))
- 2LHCSAs must not offer, pay, solicit, or receive any payment in return for referring a Medicaid recipient to a LHCSA or other Medicaid services provider, under 42 U.S.C. 1320a-7b(b), N.Y. Social Services Law 366-f(1), and 18 NYCRR 515.2(b)(5), regardless of the form or structure of the transaction.(LHCSA Regulatory Requirements (DAL DHCBS 18-03))
- 3LHCSA operators planning to close an agency or discontinue medical care services must comply with the Department's Closure Plan Guidelines, and the agency's closure plan must be approved by the Department's appropriate Regional Office prior to its implementation.(LHCSA Regulatory Requirements (DAL DHCBS 18-03))
Applies to: personal care
DOH letter reminding Licensed Home Care Services Agencies of their obligations under state and federal anti-kickback rules and Title 10 regulations as MLTC contract limits drive LHCSA consolidation under the 2018-2019 budget.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.