New York home care and home health consulting

How to start a home care agency in New York and reach your first client faster

New York is one of the hardest states to open a home care agency. A LHCSA license is a Certificate of Need filing: the Department of Health tests whether your counties need another agency, whether you can fund it and whether your owners are fit to run it, then a state council votes. Policies, a survey, aide training, criminal history checks and MLTC plan contracts come after that, and Medicaid enrollment for new LHCSAs is paused in 2026. We put all of it in the right order for you.

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  • Christine OchimasRN, LMFT, MBA
  • All three care typesNonmedical, home health, hospice
  • Written to New York rules10 NYCRR Parts 765 and 766 and the Department of Health LHCSA policy guidance
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Updated November 2026 · Reviewed by Christine Ochimas, RN, LMFT, MBA

Quick answer: In New York, an agency that provides nursing, home health aide or personal care services must hold a Licensed Home Care Services Agency (LHCSA) license from the Department of Health under Public Health Law section 3605 and 10 NYCRR Part 765. Applications are filed in NYSE-CON with a $2,000 fee, pass public need, financial and character reviews under 10 NYCRR 765-1.16, and need approval from the Public Health and Health Planning Council before policy review and a survey.
New York path finder

Answer two questions. See exactly what New York requires.

1. What care will you provide?
2. Who will pay for most clients?
Most growth

Personal care for MLTC members

State license
LHCSA license (Public Health Law 3605; 10 NYCRR Parts 765 and 766)
Who you deal with
NYSDOH, PHHPC, NY Medicaid (eMedNY Provider Services Portal) and each Managed Long Term Care (MLTC) plan
Must haves
LHCSA license, NY Medicaid enrollment once the 2026 enrollment moratorium for LHCSAs lifts, MLTC plan contracts, EVV, wage parity compliance downstate, home care minimum wage
Realistic time to first client
Longest nonmedical path: Medicaid enrollment for new LHCSAs is paused
See the MLTC ready agency package

Orientation for New York only. We confirm your exact path on the free call.

The real New York problem

Three places new New York agencies lose months

Each one keeps you paying rent, insurance and payroll while no clients arrive.

Choosing counties the state says need no new agency

Under 10 NYCRR 765-1.16 there is a presumption of no need in any county where five or more LHCSAs each actively serve at least 25 patients. The current Department of Health report lists 20 such counties, including all five New York City boroughs, Nassau, Suffolk and Westchester. You can still apply there, but each of those counties needs a rebuttal built on data, or the application may not be accepted.

What it costs: A $2,000 fee that is not refunded once the application is acknowledged, plus months of review, if the need case does not hold.

Working capital and paperwork that fail the financial review

The Department requires working capital greater than your projected expenses for the first two months, prepared with a Certified Public Accountant. A loan or grant counts only if it was awarded by the time you apply. Owners with health facilities in other states must also attach compliance reports from those states when they file.

What it costs: An application that is not accepted, or a disapproval with no refund, after months of preparation.

Licensed, but no way into Medicaid yet

Most Medicaid home care in New York runs through Managed Long Term Care plans, and every LHCSA in a plan network must be enrolled in NY Medicaid. In July 2026 the state put a moratorium of at least six months on new Medicaid enrollments for LHCSAs, and state law already caps how many LHCSAs each MLTC partial capitation plan may contract with.

What it costs: Months of payroll and rent with no Medicaid clients if your plan depends on MLTC referrals from day one.

What does a delay cost your agency?

Enter your own numbers. Nothing is stored or sent.

Spent before revenue catches up$18,000
Plan a faster launch
Know which business you are starting

Home care vs home health vs hospice in New York

The three sound alike and are regulated differently. The one you choose decides your regulator, staffing, startup capital and timeline.

TopicNonmedical home careHome health (skilled)Hospice
What your staff doPersonal care: help with hygiene, dressing, feeding and household tasks essential to health, under an RN supervised plan of careSkilled nursing, therapies and home health aide services; Medicare and Medicaid home health billing needs a CHHAPalliative and supportive care for people who are terminally ill, and their families
State licenseLHCSA license (Public Health Law 3605; 10 NYCRR Parts 765 and 766)LHCSA for private pay and plan contracts; CHHA certificate of approval for Medicare (Public Health Law 3606 and 3608; 10 NYCRR Parts 760 and 763)Hospice certificate of approval (Public Health Law Article 40; 10 NYCRR Parts 790 to 794)
Certificate of NeedYes: LHCSA Certificate of Need with public need review (10 NYCRR 765-1.16)Yes: CHHA public need review (10 NYCRR 760.5) and PHHPC approvalYes: hospice public need review (10 NYCRR 790.16) and PHHPC approval
Main payersPrivate pay, long term care insurance, MLTC and other Medicaid managed care plansMedicare, Medicaid, MLTC plans, commercial insuranceMedicare hospice benefit, Medicaid, commercial insurance
MedicareNot coveredCHHA only: accreditation or state survey, then Medicare enrollmentAccreditation or state survey, then Medicare enrollment
Key staffAdministrator, RN or NP to assess patients, write plans of care and supervise aides; personal care aides with 40 hours of approved trainingAdministrator, nursing leadership, therapists, home health aides with 75 hours of approved trainingAdministrator, medical director, RN leadership, interdisciplinary team
Startup capitalWorking capital above two months of projected expenses, documented at filingHigher: clinical payroll before Medicare or Medicaid revenueHighest: interdisciplinary team before revenue
Time to first clientMany months: need review, PHHPC, manual review, surveyLongest: need review, PHHPC, survey, enrollmentLongest: need review, PHHPC, survey, enrollment

In New York the license, not the payer, sets the pace. Almost every hands on home care business needs a LHCSA, and the CHHA and hospice routes add their own need methodologies and PHHPC approval on top of Medicare certification. Many owners start with a LHCSA serving private pay families in counties with presumed need, build a caregiver team, then add counties or Medicaid once they qualify. Adding a county later is an administrative request, but the Department approves it only where fewer than five LHCSAs actively serve patients and normally only after 12 months of licensure, so pick your first counties carefully.

New York requirements at a glance

Personal care licenseLicensed Home Care Services Agency (LHCSA) license, approved for named counties, under Public Health Law Article 36 (section 3605) and 10 NYCRR Parts 765 and 766
Licensing agencyNew York State Department of Health (NYSDOH), Bureau of Home Care Licensure and Certification, with approval by the Public Health and Health Planning Council (PHHPC)
Public needRebuttable presumption of no need in counties where five or more LHCSAs each actively serve 25 or more patients; 20 such counties in the current report
ApplicationCertificate of Need application in NYSE-CON, $2,000 fee, up to five counties in one DOH region plus one contiguous county in another
Home health and hospiceCertified home health agency (CHHA) certificate of approval (Public Health Law 3606 and 3608) and hospice certificate of approval (Article 40), each with its own public need review
Aide trainingPersonal care aides at least 40 hours, home health aides at least 75 hours, through DOH approved programs; certificates issued through the Home Care Registry
Background checksFingerprint based Criminal History Record Check under 10 NYCRR Part 402 for LHCSAs, CHHAs and hospices
Medicaid routeNY Medicaid enrollment (Provider Services Portal, category of service 0264) and contracts with Managed Long Term Care (MLTC) plans; new LHCSA enrollment paused since July 27, 2026
Electronic visit verificationRequired for Medicaid personal care and home health services; New York uses a choice model and data goes to the NYS EVV Data Aggregator
Entity filingNew York Department of State, Division of Corporations; LLCs must publish notice in two newspapers within 120 days

Summary of New York requirements as of November 2026. Rules change; confirm with each agency before filing.

The process

Step by step: launching a home care agency in New York

The order matters. Counties, working capital and the need case must be settled before you file, because the application is judged as submitted. Your policy manual goes in only after PHHPC approval, and caregiver screening should be ready before the survey.

  1. Decide whether you need a LHCSA and which counties

    Any hands on personal care, home health aide or nursing service needs a LHCSA. Then choose up to five counties in one DOH region, plus one contiguous county in another region, using the LHCSA County Presumption of No Need Report. Counties with presumed need are mostly upstate.

    Decided on your free consultation
  2. Form the business with the Department of State

    File your LLC or corporation, get an EIN, and register for withholding and unemployment insurance. An LLC must publish notice of its formation in two newspapers within 120 days and file a Certificate of Publication, or its authority to do business is suspended.

    You do this; we give you the checklist
  3. Document working capital with a CPA

    Show working capital greater than your projected expenses for the first two months, with a budget the Department finds reasonable and projections that cover expenses over time. Only funding already awarded counts.

    You do this; we specify what is required
  4. Build the need rebuttal for any no need county

    For each county with a presumption of no need, present data on the factors in 10 NYCRR 765-1.16(d): waiting lists, the capacity and quality of existing agencies, workforce, training resources, cultural competency and special populations.

    We write this for you
  5. File the LHCSA application in NYSE-CON

    Submit the Certificate of Need application through the Health Commerce System with ownership, character and competence and financial schedules, plus compliance reports for any affiliated facilities in other states. Mail the $2,000 fee within 30 days. The Department reviews it, then PHHPC votes at one of its six meetings a year.

    We prepare the application
  6. Submit the policy and procedure manual after approval

    After PHHPC contingent approval, send your manual to the Home Care regional office. It must meet 10 NYCRR Part 766 and the Department's LHCSA policy guidance; DOH reviews it with its published review tools.

    We write this for you
  7. Build the caregiver pipeline

    Confirm identity, employment history and references, check the Home Care Registry, run Criminal History Record Checks, document health assessments, TB testing and immunizations, and track yearly in service hours for every aide.

    We set up the system and tracker
  8. Pass the survey and get licensed

    Once the manual is accepted, the regional office schedules a survey before opening. After a successful survey the Bureau of Home Care Licensure and Certification issues the license. Register every year under Public Health Law 3605-b and file the annual statistical report.

    We get you ready for the survey
  9. Enroll in Medicaid and contract with MLTC plans

    When the LHCSA enrollment moratorium ends, enroll in NY Medicaid through the Provider Services Portal, apply to MLTC plans in your counties, connect an EVV system to the state aggregator, and meet wage parity rules in New York City, Nassau, Suffolk and Westchester.

    We prepare every plan's packet

Aide training, the Home Care Registry and criminal history checks

New York sets aide training through Department of Health approved training programs and records every certificate on the Home Care Registry under 10 NYCRR Part 403. LHCSA personnel rules are in 10 NYCRR 766.11, and criminal history checks are in 10 NYCRR Part 402.

  • Personal care aides: At least 40 hours of training through an approved Personal Care Aide Training Program, with classroom, skills training and competency evaluation completed within 90 days of entering the program.
  • Home health aides: At least 75 hours of training, including at least 59 hours of classroom and 16 hours of supervised practical training, completed within 60 days. A personal care aide with home care experience can upgrade with 35 more hours.
  • Home Care Registry: Training programs issue certificates through the Registry, and agencies must enter required worker information in it. Check it before you retrain a new hire.
  • Criminal History Record Check: Fingerprint based checks under Part 402 apply to LHCSAs, CHHAs and hospices. The agency names an authorized person, writes CHRC policies, and gives temporary employees direct observation while results are pending.
  • Health and immunization records: A health assessment before patient care, TB screening and testing at hire with yearly assessments, rubella and measles immunity, and a flu vaccine or a mask during flu season.
  • Yearly in service education: 12 hours for home health aides, six hours for personal care aides and 18 hours for advanced home health aides, plus a yearly performance review that includes an in home visit where applicable.
  • Pay rules: Home care aides have their own minimum wage under Public Health Law 3614-f: $19.65 an hour in New York City, Nassau, Suffolk and Westchester and $18.65 elsewhere in 2026. Medicaid funded work in those downstate counties is also subject to wage parity under section 3614-c.
Start these first. Choose a training program partner and set up CHRC access and your personnel file system while the application is under review, so you can hire and staff clients as soon as the survey is passed.
Avoid these

Six mistakes that slow New York agencies down

We look for every one of these in the first week of an engagement.

Running a companion business that drifts into personal care

What it costs
Once a worker helps a client bathe, dress, toilet or eat, the business is providing personal care without a license.
How we prevent it
Clear written service limits and caregiver training until your LHCSA license is issued.

Requesting no need counties without a data rebuttal

What it costs
The application may not be accepted, and once acknowledged the $2,000 fee is not refunded.
How we prevent it
We pick counties with you and build a rebuttal on the 765-1.16(d) factors for every county that needs one.

Counting a future loan as working capital

What it costs
The Department ignores prospective funding, so the financial review fails.
How we prevent it
Funding awarded and documented before filing, with CPA prepared schedules.

Planning to add counties right after opening

What it costs
The Department adds a county administratively only where fewer than five LHCSAs actively serve patients, and normally only after 12 months of licensure.
How we prevent it
Choose your first five counties with the long term plan in mind.

Counting on MLTC referrals in year one

What it costs
New LHCSA Medicaid enrollment has been paused since July 2026, and plans may contract with only a limited number of LHCSAs.
How we prevent it
A private pay launch plan, with MLTC packets ready for when enrollment reopens.

Missing the yearly LHCSA registration

What it costs
An unregistered agency may not operate or be paid, owes $500 for each month in default, and faces revocation after two missed years.
How we prevent it
A compliance calendar for registration, statistical reports, in service hours and wage certifications.
Catch these before they cost you

In a free 30 minute call we confirm your New York path, flag the mistakes that apply to your plan, and give you a fixed price to handle the rest.

Get my free New York plan
How we help

New York launch packages

Three fixed price packages, matched to the path you choose. Your exact price is quoted in writing after your free call, before any work starts.

Fastest start

Private pay launch

For nonmedical agencies serving families who pay privately.

  • New York path and a dated launch plan
  • Policy and procedure manual written to 10 NYCRR Parts 765 and 766 and the Department of Health LHCSA policy guidance
  • Service agreement, client rights and care plan forms
  • Caregiver hiring and screening workflow
  • Google Business Profile setup
Ask about this package
Clinical

Home health and Medicare

For skilled home health. Hospice is scoped separately.

  • Staffing and capital timeline
  • Policies written to NYSDOH rules and the Medicare Conditions of Participation
  • License application and inspection readiness
  • Accreditation survey preparation
  • Medicare and Medicaid enrollment support
Ask about this package

Every package: one fixed price agreed in writing · you own 100% of your agency · no franchise fees or royalties.

On your own vs a franchise vs Lunaria

TopicOn your ownHome care franchiseWith Lunaria
Who owns the businessYouYou, under the franchisor's brand and rulesYou, 100%
Ongoing feesNoneRoyalties and brand fees, usually a share of revenueNone. One fixed project fee
Knowing what New York requiresPieced together from manuals and forumsA national playbook, adaptedConfirmed on your first call, then in writing
Policy manualA template, often from another stateThe franchisor's standard manualWritten to 10 NYCRR Parts 765 and 766 and the Department of Health LHCSA policy guidance
Medicaid credentialingOne application at a timeVaries by franchisorPackets for each MLTC plan serving your counties prepared together
Your brand and marketingUp to youThe franchisor's brand, with territory limitsYour brand, plus local search set up for you
Free download

The New York home care startup checklist

Every New York step in order: business setup, your payer path, policies, caregiver screening and training, Medicaid enrollment and getting found. The items to start first are starred.

  • Confirm you need a LHCSA and choose up to five counties in one DOH region
  • Check each county against the LHCSA County Presumption of No Need Report
  • Form your LLC or corporation with the Department of State
  • Publish LLC notice in two newspapers within 120 days and file the Certificate of Publication
  • Get an EIN and register for withholding and unemployment insurance
  • and 15 more steps

We send no newsletters. Your details are never shared.

Or have us do it for you
Who you will work with

Christine Ochimas, RN, LMFT, MBA

Christine founded Lunaria Care Consulting to give nurses and caregivers a direct route from "I want my own agency" to a compliant business with clients. She reads state requirements the way a reviewer does and writes policies the way a nurse would actually use them.

  • We serve owners in all 50 states and DC, with a plan written for New York
  • We help through enrollment and survey readiness, not just the application
  • We tell you what we cannot promise: no one can guarantee a state or health plan decision
Talk to Christine
Make your free call count

Have these ready for your consultation

  • The care you want to provide and the clients you want to serve
  • The New York cities or counties you plan to cover
  • Where you are now: idea, business formed or already operating
  • Who you expect to pay: families, MLTC, Medicare
  • Your target opening month and rough budget

No client or patient records. We never need them for a first call.

What it costs to start a home care agency in New York

ItemNotes
LHCSA application fee$2,000 under Public Health Law 3605(13), not refunded once the application is acknowledged. CHHA and hospice establishment applications also carry a $2,000 fee.
Working capitalMore than your projected expenses for the first two months of operation, documented when you file
CPA and legal workFinancial schedules, organizational documents and need rebuttal support
Entity formation and LLC publicationDepartment of State filing fee, $50 Certificate of Publication fee, plus newspaper costs that vary by county
Aide trainingTraining program tuition per aide, or the cost of running your own DOH approved program
RN supervisionSalaried or contracted RN time for assessments, plans of care and aide supervision
InsuranceWorkers' compensation, disability and paid family leave, general and professional liability, auto coverage
Medicaid enrollmenteMedNY lists a $750 application fee for LHCSA enrollment; check the current fee when enrollment reopens
EVV and scheduling softwareChosen and paid for by the agency; required for Medicaid personal care and home health visits
Accreditation (CHHA, hospice)Accrediting organization application and survey fees

Fees change. Confirm current amounts with each agency before budgeting.

How long it takes in New York

Private pay LHCSA

Many months. The Department publishes no standard processing time: need and financial review, a PHHPC vote, manual review and a survey all come before your first client.

MLTC

Longer still. After licensure you need NY Medicaid enrollment, which is paused for new LHCSAs for at least six months from July 27, 2026, and then plan contracts.

CHHA or hospice

Longest: a separate need review and PHHPC approval, a certification survey and Medicare enrollment, which CMS paused for new agencies in May 2026.

New York demand is strongest where the state is most crowded with agencies. The Department's 2022 survey found five or more active LHCSAs in 20 counties, including all of New York City, Long Island, Westchester and the Albany, Buffalo, Rochester and Syracuse areas, so new applicants there must prove need with data. The 42 counties with presumed need are upstate and in the North Country, where long drives make reliable staffing your selling point. Families search by borough, county and town, often for a parent from out of state, so a complete Google Business Profile and county pages matter.

Frequently asked questions

Do I need a license to start a home care agency in New York?

Yes, if you provide nursing, home health aide or personal care services. Public Health Law section 3605 requires a Licensed Home Care Services Agency (LHCSA) license from the Department of Health. A business limited to companionship, housekeeping and chores is not named in that requirement, but it cannot provide hands on care.

How much does a New York LHCSA license cost?

The state application fee is $2,000, and it is not refunded once the Department acknowledges the application. The larger costs are working capital above two months of projected expenses, CPA and legal work, insurance and RN supervision.

Can I open a LHCSA in New York City or on Long Island?

You can apply, but those counties carry a presumption of no need because five or more LHCSAs already actively serve 25 or more patients there. You must include a data based rebuttal for each such county. Buying an existing LHCSA that actively serves at least 25 patients avoids the need review, though the change of ownership still goes to PHHPC.

How long does it take to get a LHCSA license?

The Department publishes no standard timeframe. Applications are reviewed in the order acknowledged, PHHPC meets six times a year, and the manual review and survey come after approval. Complete applications and quick responses to questions shorten it.

Does New York require a Certificate of Need for home health or hospice?

Yes. A certified home health agency needs PHHPC approval with a public need finding under 10 NYCRR 760.5, and a hospice needs one under 10 NYCRR 790.16. The LHCSA application is also a Certificate of Need filing.

Can a new LHCSA serve Medicaid clients?

Only after it enrolls in NY Medicaid and contracts with MLTC or other managed care plans. Since July 27, 2026 the state has paused new Medicaid enrollments for LHCSAs for at least six months, and plans may contract with only a limited number of LHCSAs under Public Health Law 4403-f.

What training do New York home care aides need?

Personal care aides need at least 40 hours and home health aides at least 75 hours through a DOH approved program, recorded on the Home Care Registry. Each year home health aides need 12 hours of in service education and personal care aides six hours.

Can a new home health agency or hospice enroll in Medicare right now?

CMS put a nationwide six month moratorium on new Medicare enrollment of home health agencies and hospices starting May 13, 2026. It can be extended in six month steps, so check its status before you plan Medicare revenue. Applications received before that date were not affected.

How much does New York home care consulting cost?

Lunaria charges one fixed price per engagement, based on your path: private pay LHCSA, Medicaid or home health and Medicare. You receive the price in writing after a free 30 minute consultation. There are no hourly charges, and no one can guarantee a state or health plan decision.

Do you only work in New York?

No. Lunaria works with owners in all 50 states and DC, so you can expand into a second state with the same team. You own 100% of your agency, with no franchise fees or royalties.

Sources checked for this guide (42)

This guide is general information and reflects New York requirements as we understood them in November 2026. Requirements change. Confirm current rules, fees and procedures with the New York State Department of Health, the Public Health and Health Planning Council, New York Medicaid and CMS before filing. Lunaria Care Consulting provides professional consulting services and does not provide legal advice.

Reviewed by Christine Ochimas, RN, LMFT, MBAFounder, Lunaria Care Consulting · Updated November 2026

Other states: see all state guides. What we do: licensing, compliance, Medicaid enrollment and local search marketing.

Open your New York agency with the steps in the right order

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