How to start a private duty nursing agency in New York
New York requires a Licensed Home Care Services Agency (LHCSA) license and annual DOH registration — or Medicaid enrollment as an independently practicing RN/LPN from New York State Department of Health to operate a private duty nursing agency.
- License required
- YesLicensed Home Care Services Agency (LHCSA) license and annual DOH registration — or Medicaid enrollment as an independently practicing RN/LPN
- Application fee
- —
- Processing time
- —
- Private duty nursing (RN)
- $31.21per hour
- Organizations in the state
- 517NPPES, Sep 13, 2026
On this page
New York private duty nursing agency license
New York requires a Licensed Home Care Services Agency (LHCSA) license and annual DOH registration — or Medicaid enrollment as an independently practicing RN/LPN from New York State Department of Health to operate a private duty nursing agency.
- License required
- Yes
- License
- Licensed Home Care Services Agency (LHCSA) license and annual DOH registration — or Medicaid enrollment as an independently practicing RN/LPN
- Issuing agency
- New York State Department of Health
- Regulation
- eMedNY Private Duty Nursing Policy Manual; Public Health Law Article 36
Steps to get licensed in New York
In order, as the licensing agency describes the process.
- Obtain an LHCSA license (Article 36) and keep its DOH registration current — or practice as an independent RN/LPN
- Enroll with NY Medicaid before providing services
- Obtain prior approval for PDN; services run under orders of a Medicaid-enrolled physician or nurse practitioner
Enrolling as a New York Medicaid provider
- Program
- New York State Medicaid (NYS Department of Health; eMedNY)
- Enrollment portal
- NYS Medicaid Provider Services Portal (PSP)
- Fiscal agent
- eMedNY (NYS DOH's Medicaid claims system). Revalidation notices come from ProviderEnrollment@acentra.com. The eMedNY pages we reviewed do not name the claims contractor.
- Application fee
- Under 42 CFR 455.460, certain provider types and enrollment transactions owe an application fee, and the PSP tells you when one is due. The fee is waived if the provider is enrolled in Medicare or another state's Medicaid/CHIP program, or already paid the fee to Medicare. A hardship waiver can be requested with the application; New York forwards it to CMS. Under the federal rule (42 CFR 455.460), institutional providers pay the CMS application fee when they first enroll, re-enroll or revalidate. The fee is $750 for calendar year 2026. Individual physicians and non-physician practitioners do not pay it. A fee already paid to Medicare or to another state's Medicaid program counts.
- Fingerprinting
- High-risk providers undergo a fingerprint-based background check for every owner holding 5% or more. ABA providers, 1915(c) HCBS waiver providers and Licensed Home Care Services Agencies are newly designated high risk. Results of a Medicare screening can count toward fingerprinting.
- Site visit
- Moderate- and high-risk providers get pre- and post-enrollment site visits. Results of a Medicare screening can count toward the site visit requirement.
- Revalidation
- Revalidation frequency depends on risk level: high-risk every 3 years, moderate every 4, limited every 5. Since May 2026 all revalidation is done in the PSP; paper processes have ended. Under an April 2026 CMS directive, every provider is being revalidated over 24 months. Phase 1 covers high-risk, DME and providers not revalidated since the COVID-19 emergency began. Phase 2 (early 2027) covers newly high-risk ABA, 1915(c) HCBS and LHCSA providers. The remaining providers follow through June 2028. Wait for an individual notice before revalidating. Missing the deadline ends enrollment.
Does New York require a certificate of need?
- CON program
- Yes
- Program
- Certificate of Need (CON)
- Services covered
- hospitals
- nursing homes
- diagnostic and treatment centers (including ambulatory surgery and dialysis)
- midwifery birth centers
- certified home health agencies
- licensed home care services agencies
- long term home health care programs
- hospice
- establishment / transfers of ownership or control
- construction, renovation and major medical equipment
Electronic visit verification in New York
- Model
- open/provider choice
- Services in scope
- personal care
- home health
- Alternate EVV allowed
- Yes
New York wage floor
- State minimum wage
- $16.00 an hour
- Effective
- 2026-01-01
- Scheduled increases
- No change on 2027-01-01: an off-ramp condition in the indexing law was met, so rates stay $17.00 (NYC, Long Island, Westchester) and $16.00 (rest of state).
- Direct-care wage floor
- Home care aide minimum wage: $19.65/hour in New York City, Long Island and Westchester and $18.65 elsewhere (from 2026-01-01), rising on 2027-01-01 to $20.00 and $19.00. Covers home health aides, personal care aides and similar in-home workers.
- HCBS 80/20 rule
- Federal baseline: 42 CFR 441.302(k) requires the state to show that each provider spends at least 80% of Medicaid payments for homemaker, home health aide and personal care services under 1915(c) waivers on direct care worker pay and benefits. Compliance starts 2030-07-09 (for managed care, the first rating period starting on or after that date); annual payment-adequacy reporting under 441.311(e) starts 2028-07-09. A state may set a lower share for state-defined small providers and exempt providers facing hardship, each only through a public notice-and-comment process. The eCFR text has not changed since 2024-07-09. No state-published 80/20 implementation step (small-provider criteria, hardship exemption or reporting guidance) was found for this state in the official sources reviewed.
New York market size
Counts from federal public files: NPPES (active organization NPIs), CMS Care Compare and CMS Medicaid enrollment.
- Nursing care agencies (private duty nursing) — active organization NPIs (NPPES)
- 517 (as of Sep 13, 2026)
- Total Medicaid and CHIP enrollment (latest reported month)
- 6,380,652 (as of Jun 1, 2026)
What New York Medicaid pays
Private duty nursing: published New York fee-for-service rates, each linked to its source.
New York HCBS waivers
Medicaid home and community-based services programs that may pay for this service.
- NY Children's Waiver (1915(c))
- NY Nursing Home Transition and Diversion Waiver (1915(c))
- NYS OPWDD Comprehensive Waiver (1915(c))
- NY Traumatic Brain Injury (TBI) Waiver (1915(c))
Frequently asked questions
Do you need a license to start a private duty nursing agency in New York?
New York requires a Licensed Home Care Services Agency (LHCSA) license and annual DOH registration — or Medicaid enrollment as an independently practicing RN/LPN from New York State Department of Health to operate a private duty nursing agency.
Does New York require a certificate of need for a private duty nursing agency?
New York has a certificate of need program covering: hospitals, nursing homes, diagnostic and treatment centers (including ambulatory surgery and dialysis), midwifery birth centers, certified home health agencies, licensed home care services agencies, long term home health care programs, hospice, establishment / transfers of ownership or control, construction, renovation and major medical equipment. Check whether your service is on that list.
How do you become a Medicaid provider in New York?
Enroll through NYS Medicaid Provider Services Portal (PSP) (https://www.emedny.org/PSP/), run by eMedNY (NYS DOH's Medicaid claims system). Revalidation notices come from ProviderEnrollment@acentra.com. The eMedNY pages we reviewed do not name the claims contractor..
What does New York Medicaid pay a private duty nursing agency?
New York Medicaid pays $31.21 per hour for private duty nursing (rn), effective Apr 1, 2022, ranking 36 of 43 states.