Proposed Rules for Home Care, Nursing Homes and Hospice
First Proposed Rule “Immediate Needs for Personal Care Services”
Page 20 of the July 16 NYS Register contains a notice of a proposed rule to amend Parts 360-3.7 and 505.14 of Title 18 NYCRR, which would provide for meeting the immediate needs of Medicaid applicants and recipients for personal care services.
The proposed rule would support the finding from Konstantinov v. Daines, where Justice Joan Madden, State Supreme Court, New York County, held that SSL 133 applies to personal care services and “applicants for Medicaid and recipients of Medicaid are entitled to requesting immediate, temporary personal care attendant services” pending the completion of their Medicaid eligibility. The rule provides defintions on:
- Immediate need for personal care services;
- Immediate temporary personal care services;
- Presumptive eligibility period;
- Fair hearing and aid-continuing;
- Recoupment and reimbursement; and
- Provides the background on the process from July 10, 2010 up to another decision and ruling on March 12, 2014.
This proposed rule would amend:
- 18 NYCRR 360-3.7 by adding a new subdivision (f), entitled presumptive eligibility for immediate temporary personal care services; and
- Repeal 18 NYCRR 505.14(b)(5)(iv), which has provided for an expedited assessment process for Medicaid recipients who have an immediate need for personal care services.
Since 2010 there have been changes to functions within the local social service districts that have been moved to the state and functions within the local social service districts that have moved to managed care as it pertains to personal care services benefit.
The Department of Health (DOH) will be accepting comments on this proposed rule until 45 days from the July 16 posting. Please submit your comments to: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, or email: regsqna@health.state.ny.us.
Second Proposed Rule “Prevention of Influenza Transmission by Healthcare and Residential Facility and Agency Personnel”
Page 36 of the July 30 NYS Register contains a notice of a proposed rule to amend section 2.59 of Title 10 NYCRR, which would clarify regulatory amendments and implement more flexible reporting provisions for the prevention of influenza transmission. The proposed rule provides definitions for:
- Personnel;
- Healthcare and residential facilities, which is relevant to agencies included in Article 28 and 36 of the PHL and hospice as defined in Section 4002 of the PHL;
- Influenza season; and
- Provides clarity that a mask is not required when personnel provide services outside of the patient’s home, and is not required for those providing speech therapy services and for any person who lip reads.
DOH will be accepting comments on this proposed rule until 45 days from the July 30 posting. Please submit your comments to: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, or email: regsqna@health.state.ny.us
Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871