Every answer was written and checked ahead of time, with the official document next to it. Nothing is made up on the spot.
Do I need a license to run a non-medical home care agency in New York?
Yes, if you provide personal care.
Public Health Law §3605 requires a license for any home care services agency that provides nursing, home health aide or personal care services, directly or by contract. Personal care means help with personal hygiene, dressing, feeding and household tasks essential to the patient's health. The law exempts agencies that serve only people in a program run by another state agency, licensed nurses' registries, and licensed nurses working as sole practitioners. Homemaker and housekeeper or chore services are defined separately and are not named in the license requirement.
Written and checked September 22, 2026
Can I open a new LHCSA in New York City or on Long Island?
Only if you rebut the presumption of no need.
Under 10 NYCRR 765-1.16 there is a rebuttable presumption of no need in any county where 5 or more LHCSAs actively serve patients; DOH counts an agency as active in a county when it serves 25 or more patients there. DOH's 2022 survey found 20 such counties, including Bronx, Kings, New York, Queens, Richmond, Nassau, Suffolk and Westchester. You must file a data-driven rebuttal for each of those counties. Agencies tied to an Assisted Living Program, PACE, Nurse Family Partnership or a continuing care retirement community are exempt when serving only those programs.
Written and checked September 22, 2026
How do I add a county to my LHCSA license?
Send an administrative amendment request.
Email LHCSA-Amend@health.ny.gov with a signed letter and the Attachment A checklist from DAL DHCBS 26-02. DOH can approve only counties where fewer than five LHCSAs actively serve patients. You generally must have been licensed for more than 12 months, be actively serving patients, be registered, and have no plans of correction still pending because of your own delay.
Written and checked September 22, 2026
What is the home care aide minimum wage in New York in 2026?
$19.65 downstate, $18.65 elsewhere.
Downstate means New York City and Nassau, Suffolk and Westchester counties. From January 1, 2027, the rate goes up each year by an inflation adjustment based on the northeast consumer price index, within a cap set by law. In the wage parity counties, a benefit portion is added on top.
Written and checked September 22, 2026
When are wage parity forms due?
November 1 and November 15, 2026.
For calendar year 2025, LHCSAs send the LS300 and LS301 (with audited financial statements or Agreed Upon Procedures) to each contracted health plan and certified home health agency by November 1, 2026. The annual certification goes to DOH through the eMedNY Provider Portal by November 15, 2026. From 2027 the same dates apply every year, and audited statements or Agreed Upon Procedures are needed for each contract.
Written and checked September 22, 2026
Do live-in caregivers have to use EVV in New York?
Not if they truly live there.
DOH does not require EVV data for a caregiver whose permanent home is the same as the member's. Keep proof, such as an ID, tax return or utility bill showing the same address for both. Caregivers who stay only a short time, or who work 24-hour shifts but live elsewhere, are not exempt.
Written and checked September 22, 2026
A CDPAP client wants to switch to my agency. What do I need to do?
Treat it as a new personal care case.
The switch must be the consumer's choice, made with their social services district or plan, and needs a new authorization and plan of care before services start. A personal assistant who moves with the client must meet your aide rules: a valid training certificate, a criminal history check and Home Care Registry entry. The Nurse Practice Act exemption in CDPAP does not carry over, so your aides may not do some health-related tasks the assistant did before.
Written and checked September 22, 2026
Who qualifies for Medicaid personal care after September 1, 2025?
People who meet the minimum needs rule.
New adult applicants for personal care or consumer-directed services, and new MLTC enrollees, must need at least limited assistance with physical maneuvering with more than two activities of daily living, or, with a dementia or Alzheimer's diagnosis, at least supervision with more than one. People authorized for these services before September 1, 2025 keep legacy status, and so do MLTC members enrolled before then who stay continuously enrolled. PACE enrollment is not subject to the rule.
Written and checked September 22, 2026
How much training do home care aides need?
40 hours for personal care aides, 75 for home health aides.
Personal care aides need at least 40 hours of basic training at an approved program, plus 6 in-service hours a year. Home health aides need at least 75 hours, including 16 hours of supervised practical training, plus 12 in-service hours a year. Training and certificates are recorded in the Home Care Registry.
Written and checked September 22, 2026
Can our HR vendor run criminal history checks for us?
No.
DOH says only Authorized Persons employed by and under the control of the agency's administrator may request, receive and review criminal history information. A third-party contractor is not the provider and may not be given access. Results must be kept separately where only authorized people can see them.
Written and checked September 22, 2026