New York Requirements

New York Home Care Agency Insurance Requirements

New York home care agency insurance requirements are set by the New York State Department of Health (DOH), which licenses Licensed Home Care Services Agencies (LHCSA), Certified Home Health Agencies (CHHA), and Long Term Home Health Care Programs (LTHHCP). New York also has one of the country's strictest workers' compensation regimes, the NYS Disability Benefits Law (DBL), and Paid Family Leave (PFL). Here's exactly what New York home care agencies need to carry in 2026.

  • DOH licensing for LHCSA, CHHA & LTHHCP with distinct coverage rules
  • Workers' comp, NY DBL, and Paid Family Leave all required
  • $1M/$3M professional liability common for MLTC & CDPAP contracts
  • Wage & Hour + PAGA-style class actions drive EPLI need

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NY DOH license types

New York DOH licenses three primary home care provider types. LHCSAs deliver non-Medicare home care and are the most common license. CHHAs are Medicare-certified and face higher coverage expectations. LTHHCPs serve long-term nursing home-equivalent populations at home. Fiscal Intermediaries under CDPAP add a distinct exposure. Each license type has its own baseline requirements, but MLTC contracts drive the practical floor.

New York workers' compensation, DBL & PFL

New York requires workers' compensation for essentially every employee, plus NYS Disability Benefits Law (DBL) coverage and Paid Family Leave (PFL). NYSIF is a common market for hard-to-place risks. Class codes 8829, 8835, and 8854 dominate home care payroll — miscoding is a top source of audit overpayments in NY.

MLTC & CDPAP contract minimums

Managed Long Term Care (MLTC) plans (VNS Choice, Fidelis, VillageCareMAX, Elderplan, Centers Plan) and CDPAP fiscal-intermediary contracts almost universally require $1M/$3M professional liability, $1M/$3M GL, primary & non-contributory additional insured status, and a waiver of subrogation. Some plans push $2M/$4M for LHCSA sub-contractors.

Employment practices liability (EPLI)

New York — especially New York City — is one of the highest-frequency jurisdictions in the country for wage-and-hour, discrimination, and NYC Human Rights Law claims. Home care agencies are a top target for 24-hour live-in wage class actions. EPLI with a wage-and-hour sub-limit is effectively required, not optional.

Abuse & molestation and cyber

MLTC contracts and hospital referral agreements increasingly require dedicated abuse & molestation limits and cyber liability. Both are often sub-limited or excluded on standard professional liability forms. KTL confirms placement and limit adequacy on every New York program.

Non-owned & hired auto

New York personal auto policies exclude business use, and MTA/NYCT transit accidents involving caregivers on the clock still flow back to the agency. Non-owned & hired auto is standard on every KTL New York home care program.

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Frequently asked questions

General liability, professional liability, workers' compensation, NYS Disability Benefits, Paid Family Leave, non-owned auto, EPLI (with wage-and-hour sub-limit), and cyber liability at minimum. MLTC and CDPAP contracts usually require $1M/$3M PL and additional insured status.