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DOH-Association Meeting Covers New VAPAP Standards and HCS Contact Info Enforcements

(Sept. 3, 2024) The Aug. 29th meeting of the Department of Health (DOH) and long-term care associations included a discussion of the revised standards for the Vital Access Provider Assurance Program (VAPAP) and a new DOH effort to ensure that all nursing homes and adult care facilities (ACFs) have included valid 24/7 contact information in the Health Commerce System (HCS).

VAPAP

The VAPAP program is a short-term grant program for financially distressed hospitals and nursing homes. The nursing home allocation had been $100 million for several years, but was reduced to $25 million in the current year’s budget.

DOH staff acknowledged that none of the unspent funds from the prior years had been reappropriated. As a result, the reduced allotment will be the only source of funding for both pending VAPAP applications submitted in prior years and more recent applications. DOH indicated that prior years’ applications will be prioritized, and applications filed in prior years do not need to be resubmitted.

As a result of this year's reduction in funding, the Department modified the standards for the VAPAP program. Specifically, the updated eligibility criteria specify that to apply, a facility must have less than 15 days of cash on hand AND have a negative operating margin in the last two calendar years AND have no outstanding payments due to DOH. The eligibility requirements and evaluation criteria for VAPAP are enumerated here. The deadline for VAPAP applications for the first half of State Fiscal Year (SFY) 2024-2025 has already passed. For the second half of the SFY, applications must be filed by Dec. 15, 2024.

According to the VAPAP webpage, “[t]he primary purpose of this pool of funding is to provide one-time, non-reoccurring, short-term financial assistance to distressed providers while they thoughtfully plan for the future of their facility.” However, at the Aug. 29th meeting, DOH staff indicated that VAPAP applicants must submit a transformation plan with their applications. Thus, it appears that funding is not intended to support development of a plan, but rather the implementation of a plan (or funding to sustain operations as the plan is being implemented).

DOH staff noted that when a facility has multiple affiliates, the resources of all affiliates will be considered as a possible source of funding.

Eligible expenses for VAPAP support include costs “directly related to the sustainability of operations.” Capital expenses and bankruptcy-related costs are not eligible for VAPAP funding. Likewise, VAPAP is not appropriate for emergency situations or immediate payroll concerns. However, long-term debt is an eligible expense, provided it supports the sustainability plan.

LeadingAge NY asked DOH to distinguish between the Vital Access Provider (VAP) and VAPAP programs in relation to the respective permissible uses of funds and eligibility criteria. Like VAPAP, VAP provides temporary operating assistance to financially distressed providers “for the purpose of redesigning their healthcare delivery systems to promote financial sustainability.” LeadingAge NY is awaiting a response to this request for clarification.

More information about VAPAP is available here. Questions may be directed to DOH here. Providers interested in filing a VAP application should direct inquiries here. VAP is the primary funding vehicle the Department will use to support multi-year transformation initiatives.

HCS 24/7 Contact Information

DOH announced that it would be “cold calling” selected nursing homes and ACFs at the telephone numbers listed as 24/7 contacts in the HCS to ensure that all providers have provided a number that will be answered by a person who has been trained in how to respond if DOH calls outside of typical business hours and needs to speak with a facility leader on an urgent basis. The 24/7 contact should be operational even in the context of an unusual event or emergency when the facility's regular phone lines may not be operational or accessible.

They indicated that there are 93 nursing homes and 139 ACFs on their list of providers that will receive calls.

Facilities that do not have a 24/7 contact when they receive a cold call will be given a chance to cure the problem, but will be cited for non-compliance if they fail to do so.

For information on how to populate the 24/7 role in the HCS (which is housed in a different place from other HCS roles), click here. This article also explains the purpose of the 24/7 role and provides a link to access training on using the HCS.

Home Care Statistical Reports

Michael Chittenden, Director of the Home and Community-Based Services (HCBS) Division of the Office of Aging and Long-Term Care (OALTC), presented information on home care and hospice. He will establish a separate standing meeting for the Department to meet with home care provider associations, which will include LeadingAge NY.

The Department is working on Dear Administrator Letters (DALs) to initiate the next statistical reporting periods for providers. Statistical reports will be released mid-to-late September for certified home health agencies (CHHAs) and hospice programs and late September to October for licensed home care services agencies (LHCSAs) with a two-month time frame to submit.

Contact: Karen Lipson, klipson@leadingageny.org