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Doh 4359: What You Should Know
It does not have a requirement that the person seeking the personal care services be diagnosed under MAC 103.6 (Health Planning) of the New York State Department of Health and Mental Hygiene. The DOH-4359 is required only for medical personnel care services and is not required to be used if the person being prescribed has been evaluated and understood to be able to receive medical care at home, i.e., has no need for medical care at a designated medical or surgical institution and no reasonable expectation that he or she is unable to obtain this care in a 24-hour facility. For such individuals, a physician may apply for a copy of the medical order and, upon initial issuance, would be responsible to provide the individual with such a copy prior to beginning to provide the services. A copy of the completed DOH-4359 should be kept in the physician's office and made available upon request to any other individual. All applications for services are subject to verification for compliance with the provisions of the New York State Board of Medicine Policy. Applicants should be aware that not all health professionals qualify to participate in DOH-4359. MAC 103.6—Health Planning Physician's Orders for Personal Care/Consumer Directed A physician or other health professional with appropriate specialization who performs health care services under the direction of a physician, registered nurse, physician assistant, and podiatrist in New York State is designated as a home health-care provider in the New York State Medical Practice Act (N.Y.S.A. 504.20), and may submit an application for certification for an assistant to provide home health care services to any individual who has not been designated as a medical or surgical facility for services; who is not eligible to receive services under any other plan, plan year, or plan provision; and who is unable to obtain reasonable medical care in a 24-hour facility. This applies to all applicants except physicians who perform surgical services under contract with the public hospital and those providing services on other health care units (e.g., long-term care facility) and physicians who perform services on their own.
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