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May 4, 2012

NYS Department of Health Issues Application for Assisted Living Program Beds

The New York State Department of Health (DOH) has issued an application, referred to as an "Opportunity for Development" (OFD), whereby it can approve up to 4,718 new Assisted Living Program (ALP) beds by March 31, 2014. Applications are due by July 18, 2012. This round of ALP applications is different from the rounds in recent years as the requirement that Residential Health Care Facility Beds be decertified in order to approve new ALP beds has been lifted.

OFD proposals for new ALP beds will be given preference over OFD proposals received for the conversion of existing licensed assisted living facility beds. Applications selected will be advised to submit a full Certificate of Need application. New proposals not initially selected will be kept on file until March 31, 2014 and reconsidered periodically as additional ALP announcements are issued.

Priority will be given to applications that: 1) commit to the admission and retention of individuals eligible for or in receipt of Social Security Income, Safety Net Assistance, or Medicaid; 2) will increase the supply of existing adult home or enriched housing beds; and 3) demonstrate the ability to commence service provision most quickly. Review criteria will include: 1) financial feasibility of the project; 2) completeness and accuracy of the information provided in the OFD; 3) timeliness of project implementation; and 4) the ability of the applicant to meet legal requirements, including site control.

Assisted Living Programs must be licensed as an adult home or enriched housing program. They also must be licensed as a licensed home care services agency (LHCSA) or certified home health agency. Applicants not currently licensed as one of these types of home care providers may obtain approval by completing the LHCSA addendum of the Certificate of Need application. Applicants must be a not-for-profit corporation, a non-publicly traded business corporation or limited liability company or an individual or group of individuals acting as partners.

Hiscock & Barclay has extensive experience in assisting providers with these types of proposals. Please contact Melissa M. Zambri, Chair of the Health Care & Human Services Practice Area, at (518) 429-4229 or mzambri@hblaw.com, or David P. Glasel, Chair Emeritus of the Practice Area at (518) 429-4250 or dglasel@hblaw.com, or any other member should you need assistance.

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