DOH Issues DALs and Enforcement Contact Information for ACFs
The Department of Health (DOH) issued three new Dear Administrator Letters (DALs) late last week, summarized below. In addition, DOH has asked that we share with adult care facilities (ACFs) two emails to use if you wish to contact the Department’s Division of Legal Affairs regarding enforcement action (enforcements@health.ny.gov) or if you have programmatic questions (Susan Edwards, acfenforcement@health.ny.gov).
DALs issued last week:
- DOH Issues New ACF DAL Regarding IRP Process: We urge all ACF members to review this DAL carefully and ensure that you are following the proper procedure should you need to avail yourself of the Inspection Review Process (IRP) to dispute violations. The DAL outlines the ways in which you can request an IRP and reminds that the IRP must be requested within 10 business days from the date the Inspection Report is posted. The DAL also discusses the conditions under which endangerment violations can be subject to an IRP, the requirements for posting Inspection Reports when requesting an IRP, and who can participate in an IRP. Questions regarding the IRP process can be directed to DOH’s Elizabeth Beverly via email at ACF.IRP@health.ny.gov.
- DOH Issues SSI COLA DAL for ACFs: Typically issued in November or December, this is the annual DAL that announces the federal cost of living adjustment (COLA) applied to the federal portion of the Supplemental Security Income (SSI) benefit, effective Jan. 1st. There is no COLA for the State Supplement Program (SSP) to the benefit, which is why it is so woefully inadequate to provide the care necessary in an ACF. Members are reminded to review the DAL to provide the necessary notices to residents.
- Extension for ACF EQUAL Program for State Fiscal Year 2019-2020: DOH issued a DAL announcing an extension to the deadline for expenditures for 2019-2020 Enhancing the Quality of Adult Living (EQUAL) program projects. Any proposed revisions to the expenditure plan must first be approved by the facility’s Residents’ Council. The Department will permit a time-limited extension to allow facilities to assess their current, approved expenditure plans and propose any revisions to such plan if the ACF can demonstrate that the expenditure was delayed due to COVID-19. LeadingAge NY had advocated for this extension in the summer, as some providers were challenged to spend their EQUAL funds in a way consistent with their expenditure plans due to COVID-19. Any provider who has not yet expended all the funds from the 2019-2020 fiscal year should review this DAL carefully.
Members should let us know if you have any questions regarding the above.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828