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Contents
Purpose of Article 29-I
Voluntary Foster Care Agencies (VFCA’s) must be licensed for the provision of limited health-related services to contract and bill Medicaid Managed Care Plans and comply with Corporate Practice of Medicine standards. The 29-I Licensure applies to all children who the VFCA has responsibility for the care of, and/or boards out.
Requirements
The requirements for VFCAs to obtain and maintain licensure to provide limited health-related services are as follows:
- VFCAs must submit an application to provide limited health-related services in accordance with the Article 29-I of the PHL and the VFCA Health Facilities regulations.
- NYS Department of Health (DOH) and the Office of Children and Family Services (OCFS) will review the applications of VFCAs to determine if the agency meets the regulatory and statutory requirements, which include the following:
- VFCA is an “authorized agency” as this term is defined under Social Services Law section 371(10). This includes articles of incorporation and the approval of OCFS of the agency to care for and/or board out children in NYS in accordance with section 460-a of the Social Services Law (See Appendix C).
- VFCA has “good standing” status. Good standing of the VFCA will be determined on a case by case basis and includes input from applicable NYS agency partners.
- VFCA must not be on any NYS exclusion lists, including but not limited to: - the NYS Office of the Medicaid Inspector General (OMIG) Medicaid Fraud Provider List or Exclusion List; - the OCFS Fiscal Sanction List; - the OCFS Audit and Quality Control list for poor performance; - the Internal Revenue Service (IRS) Charities Revocation List; and - any other applicable NYS exclusion lists.
- VFCAs must comply with all applicable laws, rules and regulations or other guidance documents regarding the hiring and retention of licensed professionals such as licensed master social workers, clinicians, licensed behavioral health practitioners, doctors and nurses, etc.
- VFCAs must attest that all the requirements contained within these guidelines to provide limited health-related services have been met including the Physical Environment Requirements.
- VFCAs must maintain compliance with all regulations and requirements contained herein. NYS will confirm ongoing compliance through routine surveillance.
Services Article 29-I licensure authorizes VFCA’s to provide
Article 29-I licensure authorizes VFCA’s to provide the following:
- Core Health-Related Services
- Nursing
- Skill Building
- Medicaid Treatment Planning and Discharge Planning
- Clinical Consultation and Supervision
- Managed Care Liaison/Administrator
- Other Limited Health Related Services
These are services the VFCA can contract separately and are outside of the Residual per diem limited core services. VFCA’s must possess all required NYS certifications, designations or licenses.
More information on each of these services can be found in the Article 29-I VFCA Health Facilities License Guidelines.
Process to apply for the Article 29-I license
Article 29-I Licensure requirement applies to VFCA’s that care for, and/or board out foster care children. To be licensed as a VFCA Health Facility, the VFCA must complete the Article 29-I application to include limited health-related services to be provided, the location and description of the physical plant, and other required information.
Please contact the OCFS Bureau of Children’s Medicaid Management for more information on completing the Article 29-I application by phone at 518-408-4064.