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New York State Imposes Limitations on LHCSA Applications

Recently, New York State implemented a two-year moratorium on the processing and approval of applications for licensure of Licensed Home Care Service Agencies ("LHCSAs").This moratorium suspends the Department of Health's processing of LHCSA applications, subject to certain exceptions. Presently, the exceptions include applications for ALP-Related LHCSAs, proposed LHCSAs addressing a Serious Concern such as an underserved county or population, and LHCSAs that are undergoing certain changes of ownership.

If an existing or proposed LHCSA operator is able to satisfactorily demonstrate that, as a threshold matter, it falls within one of the exceptions, its application will be able to proceed for standard review by the DOH.Existing and proposed LHCSA operators are therefore strongly advised to closely monitor the relevant guidelines and regulations being issued by the Department of Health, as well as the DOH's general interpretation of the moratorium exceptions, in order to determine whether their LHCSA application falls within the criteria specified by one of the applicable exceptions.

For guidance from expert healthcare counsel on your LHCSA application or any other issue related to home care licensure, do not hesitate to contact our knowledgeable and experienced attorneys at 212-668-0200 or by email at 

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Sunday, June 26, 2022