The New York State Department of Health (NYSDOH) released a new DAL on June 15, 2026, “Updated Telehealth Guidance for Adult Care Facilities and Adult Day Health Care Programs” (DACF #26-03 / DNH #26-10). This guidance supersedes prior DALs from October 2023. The DAL reminds provides that they are required to be knowledgeable of and compliant with state and federal regulations, including those governing the use of telehealth in these provider types.
Telehealth Uses
Telehealth may be used in accordance with federal and state guidelines for limited circumstances, including:
- Reassessment of individuals with no significant change in health condition. This includes the Functional Supplement component of the UAS.
- Follow-up clinical appointments that do not require hands-on or in-person evaluation or treatment as determined by the medical or clinical provider
- Follow-up mental health appointments which have been deemed by the provider to not require in-person evaluation or treatment
- When there are extenuating circumstances where the individual is physically unable to be present in person, if determined to be appropriate by the provider and/ or practitioner
- Ongoing management and/or education related to chronic health conditions beyond the resources provided by the facility or program if the medical professional has deemed that telehealth is an appropriate platform
Telehealth Restrictions
Telehealth is not permitted for:
- In-person initial medical, clinical, mental health or dental assessments
- Initial assessment to determine program eligibility and level of care, including the Community Health Assessment and the Functional Supplement component of the UAS-NY
- Addressing a significant change in condition that requires diagnosis, treatment and reassessment
- When a patient cannot access a secure location
- As a substitute for in-person care for any service which is covered under the program rate
In-person services covered under the program rate include:
- Home health
- Nursing
- Personal care
- Supervision and monitoring
- Case Management
- Meals
- Recreation
- Community integration
- Rehabilitation
- Socialization
- All other covered services and/ or supports
Adult Care Facilities are required to accommodate requests for in-person follow-up appointments after using telehealth services, including facilitating transportation as need in accordance with NYCRR 487.7(g)(5)(v).
Resources
The DAL includes multiple references to additional guidance:
View the June 15th DAL here for additional information.
