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February 12, 2021

NY Proposed Amended Regulations to Personal Care Services and Consumer Directed Personal Care Services

On January 27, the New York State Department of Health published revised proposed regulations governing personal care services and consumer directed personal assistance services  in the Medicaid program. The proposed regulations are intended to implement certain requirements of the State Fiscal Year 2020-2021 Budget and the recommendations of the Medicare Redesign Team II. The proposed regulations would change the eligibility criteria for these services, establish an independent assessor, reduce the frequency of assessments, centralize practitioner orders for services, and establish independent clinical review of high need. The revised proposed regulations reflect substantive changes to the version published on July 15, 2020, which elicited over 200 comments from various stakeholders. Comments on the revised proposed regulations will be received through March 15