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DOH Meeting Yields Updates on Nursing Home Concerns

E-Prescribing Waiver Applications

The Department of Health (DOH) Bureau of Narcotic Enforcement (BNE) had a representative available for questions related to the e-prescribing waiver process. The process is currently available for individual practitioners, group practices, or institutions. BNE reports it has received approximately 1000 waiver requests currently, and requested that we remind providers that waiver applications take time to process and should be submitted no later than Feb. 19, 2016, to ensure consideration prior to the March 27, 2016 deadline for compliance with the e-prescribing law. BNE also reminded staff that the reasons for granting a waiver are in statute as follows:

A waiver may be issued by the commissioner based upon a showing of a practitioner that his or her ability to issue an electronic prescription in accordance with this section is unduly burdened by:  (a) economic hardship, (b) technological limitations that are not reasonably within the control of the practitioner; or (c) other exceptional circumstance demonstrated by the practitioner.

BNE would not provide any additional details related to the waiver criteria. It was stated that facilities must provide sufficient supporting documentation during the application process to support their claim, but details as to the type of documentation required could not be ascertained.

Step-by-step instructions are available through the Health Commerce System (HCS), where the application is available. It is important that the facility be currently registered and receiving official prescription forms from DOH before attempting to apply for a waiver. Additional information is available at the e-prescribing call center at (866) 811-7957.

Plans of Correction

Members have reported having plans of correction rejected due to the inclusion of a disclaimer statement. The disclaimer statement is often used to acknowledge that the facility is submitting the plan of correction to comply with regulatory requirements and is not acknowledging the validity of the citation or guilt on the part of the facility. The Department has acknowledged that no plans of correction should be denied simply based on the inclusion of the disclaimer statement. The Central office has encouraged any provider having a plan of correction denied by their regional office for this reason to contact them.

Transitional Care Unit (TCU) Demonstration Project

Information was requested by the associations related to the need determination for the recent allocation of post-acute beds in the TCU demonstration project. The Department stated the beds were needed to reduce hospital length of stay in areas where post-acute beds are not always available. Staff asked what criteria were used and if there was data to support the demonstration of need. The certificate of need process is under the jurisdiction of the hospital system, so the nursing home surveillance team did not have access to current data at this time, but assured providers that hospitals must demonstrate unavailability of nursing home beds to participate in the demonstration project.

Bed Census Reporting

DOH reports low incidence of submission for weekly bed census data, and has asked for facilities to be more diligent in voluntarily complying with the weekly bed census reporting on the HCS.

Contact: Michelle Synakowski, msynakowski@leadingageny.org, 518-867-8850.