HCBS Update
LeadingAge NY has been working with multiple partners over the last few weeks to advocate for several issues important to home and community-based services (HCBS) providers.
LeadingAge NY is working in tandem with The Alliance of Traumatic Brain Injury (TBI) & Nursing Home Transition and Diversion (NHTD) Waiver Providers and related associations to support an exemption from the Conflict of Interest (COI) requirements under the federal HCBS Rule, which prohibit health care providers from providing both service coordination and waiver services and supports. Our letter to the Centers for Medicare and Medicaid Services (CMS) on this issue is available here. Prior to COVID-19, the Department of Health (DOH) was on the cusp of adopting a model to present to CMS that would allow providers to continue to provide both types of services but prohibit providing both types of services to the same individual. LeadingAge NY continues to argue that this requirement and proposed model would disrupt this sector to the point that it would not be sustainable for providers and would lead to a scarcity of services for waiver participants throughout the state. Advocacy efforts at the federal level include legislation to exempt this requirement. LeadingAge NY will keep members abreast of any progress made in this area.
Along with our home care association colleagues, LeadingAge NY met with the Governor’s office last week to request the continuation of many of the flexibilities afforded to home care agencies and providers during the state Public Health Emergency (PHE). More detail is available in our letter to the Governor's staff here and list of flexibilities here.
Many of the requests relate to flexibility for out-of-state health care personnel (HCP), leeway and extensions for training programs, in-service and health assessments, and continued telehealth flexibilities, which are important as the demand for HCBS services is rising and the staffing shortage continues to worsen. We also inquired about the status of the April 22nd return to work guidance for HCP, including the staffing shortage waiver, and what the State might do to provide flexibilities for staff who travel to and from states contiguous to New York, as the current Centers for Disease Control and Prevention (CDC) travel guidance does not address this dynamic.
The Governor's staff did not provide much feedback on specifics, but the second floor has been made aware of these provider needs, and we will check back on these issues. We also inquired about guidance or flexibilities forthcoming or returning as the Delta variant contributes to infection rates and whether the State is considering vaccination mandates.
As members know, the second floor and DOH will be in flux over the next month due to the Governor's resignation on Aug. 10th. LeadingAge NY will remain in touch with staff and focus on the important issues at hand.
Please feel free to reach out to Meg Everett with input on any of the above matters.
Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342