The Health Law Sidebar
November 18, 2011

DOH Emergency Rule to Lift Moratorium on CHHA

The New York State Department of Health (DOH) is pushing through an emergency rule that would lift the State’s current moratorium on new Certified Home Health Agencies (CHHAs).  This emergency rule is a result of implementing the Medicaid Redesign Team initiatives to move Medicaid patients who need more than 120 days of home care services from fee-for-service programs to managed long-term care (MLTC) plans and other types of care coordination models.

Under the initiative, DOH anticipates an immediate influx of Medicaid patients to the MLTC plans and proposes that permitting MLTCs to operate their own CHHAs would allow such services to be more easily provided.  This will likely have a substantial effect on the ability of CHHAs to negotiate the terms of network contracts with larger MLTCs.

The emergency rule was considered and passed at Public Health and Health Planning Council Codes Committee meeting on November 17, 2011. The full Public Health and Health Planning Council will vote on the emergency rule next month.

This post was contributed by Charles Dunham.