New York DOH Revises Medical Respite Program Operator Rules

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The New York Department of Health (DOH) is seeking public comment on its revised rulemaking that seeks to establish procedures for review and approval of applications from not-for-profit corporations to be certified as a Medical Respite Program operator. Any comments are due on or before December 26, 2023.

DOH indicates that substantial revisions have been made to the initial October 19, 2022, rulemaking, thus requiring a publication of the revisions and a new comment period. The full text of the revised regulations is available at: Medical Respite-Revised Rule Making.

Governor Kathy Hochul’s Medicaid Redesign Team II recommended establishment of standards for medical respite programs as a lower-intensity care setting for patients who are homeless or at risk of homelessness, and who would otherwise require a hospital stay, or lack a safe option for discharge and recovery. The proposed rule would require medical respite programs to meet minimum operating standards, offer the required services, provide sufficient qualified staff, implement a quality improvement program that is annually reviewed, meet required physical standards of the facility and maintain accurate and current records for each recipient.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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