Various Updates for ACF and AL Members

Similar to last week, LeadingAge NY has a variety of updates for adult care facility (ACF) and assisted living (AL) members. With this flurry of activity, members are reminded that we will be discussing Department of Health (DOH) initiatives, upcoming regulation changes, and other emerging policy issues during our ACF/AL member regional meetings. The meetings start this week; click here for more information and registration.

In addition to the below updates, we anticipate the annual financial report to be out later this week.

Clarification on Use of CBD Products and Marijuana by Residents

With the legalization of recreational use marijuana and the increasing popularity of cannabidiol (CBD) products, providers have been seeking guidance when residents are interested in using such products. DOH provided the following direction in a recent discussion. The Department sees the options as broken down into essentially three different categories:

Products such as CBD oil, cream, tincture, or other form, or hemp that has no greater than 0.3 percent tetrahydrocannabinol (THC) related to the CBD, are considered legal and supplemental. These products are not regulated by the Food and Drug Administration (FDA), but if compliant with that 0.3 percent threshold are legal at the federal level and should be treated as any other over-the-counter supplement.
With regard to recreational THC, residents should comply with legal limitations regarding the amount one can possess, as well as facility policy and facility admission or residency agreement. The resident would need to comply with facility smoking policies, for example, if the product were to be smoked. DOH otherwise defers to the Office of Cannabis Management.
With regard to medical marijuana, a resident must be certified by a physician. The resident would self-purchase and self-administer or do so with the help of a designated caregiver. The resident should report this use to the facility for tracking purposes, as well as overall awareness and monitoring. The resident would also need to comply with facility policies – for example, if the product were to be smoked. Medical marijuana is not FDA-regulated.

Review of DOH AOD Reporting

DOH has asked us to remind members to review and follow Dear Administrator Letter (DAL) #19-22, which outlines reporting requirements. Specifically, the Department noted that people have been confused about when to use the Administrator on Duty (AOD). According to the DAL:

After-Hours Reporting It is unnecessary to report a resident’s natural death to the after-hours Administrator on Duty (AOD). It is appropriate for a natural death to be reported via voicemail message to the appropriate regional office. However, in cases of after-hours total facility evacuation, resident endangerment, and/or suspicious death of a resident, the facility representative must contact the after-hours AOD at (866) 881-2809.

Operating Certificate Reminder

Members are reminded that DOH has transitioned the process to renew your operating certificate to the Health Facility Information System (HFIS) platform. The Department utilizes the Administrator and Operator roles within the Health Commerce System (HCS) to send emails regarding the operating certificate renewal process and availability of the operating certificate in the system. Thus, DOH reminds providers that it is very important that HCS roles are populated and accurate.

While you can submit your renewal prior to the expiration date of your current operating certificate, the new certificate will not be available until the current one is expired. You may print the operating certificate from the HFIS; however, it does not have a signature. Providers can email acfopcert@health.ny.gov if you would like a signed copy of your operating certificate.

It should be noted that the Department is still requiring checks, if needed, for the renewal of operating certificates to be sent by mail. Not all renewals have a fee, however. Members should be aware that the application requires a Statewide Financial System (SFS) number and a Tax Identification Number (TIN). If you have issues with your SFS number, you may contact the SFS Help Desk at 877-737-4185. Any questions regarding the new operating certificate process can be emailed to acfopcert@health.ny.gov. The operating certificate renewal form can be found here.

SSI COLA

For members who serve residents who are eligible for Supplemental Security Income (SSI) or the State Supplement Program (SSP), we want to ensure that you saw this Intelligence article regarding the 2023 cost of living adjustment (COLA). While DOH has yet to issue the DAL announcing the new rates, this will provide the information you need to give residents notice of an increase.

Residency Agreement for ALR

DOH has issued a new DAL announcing that existing Assisted Living Residences (ALRs) and applicants for new ALR licensure may also propose a substitute Residency Agreement that complies with the Adult Home or Enriched Housing Program ALR Residency Agreement Checklist, depending on the base licensure of the ALR. This checklist is required only if an operator is not using one of the methods outlined in DAL #22-28, issued in June 2022. Additionally, providers who desire to modify their existing, previously approved Residency Agreements may do so by submitting in Microsoft Word format both clean and redlined copies identifying the proposed changes to acfra@health.ny.gov.

Members contemplating a substitute should review the DAL and checklist carefully, as there are detailed instructions.

Conclusion

LeadingAge NY is in regular discussion with DOH regarding member concerns and priorities. If you have issues you would like us to address in these discussions, do not hesitate to reach out.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828