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.

Should you need anything else on this topic or if you have a matter you wish to pursue with NYSDOH, please reach out to Matthew Babcock at to discuss an engagement.

This alert is not a substitute for advice of counsel on specific legal issues.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.