DOH Issues DAL on NHTD Waiver Settlement

(July 22, 2024) On July 11, 2024, the Department of Health (DOH) issued a Dear Administrator Letter (DAL) providing information about additional resources now available to nursing home staff working with residents interested in returning to community life and a proposed settlement in a class action litigation matter involving the Nursing Home Transition and Diversion (NHTD) Waiver Program.

In prior regulatory amendments issued back in 2019, requirements were enhanced regarding a nursing home’s responsibility to provide information to residents and/or their designated representatives on home and community-based services (HCBS) and community transition programs that may be available to support them in returning to the community. This included the requirement to notify all residents upon admission of their right to live in the most integrated and least restrictive setting and their expectation to make a referral to the Local Contact Agency (LCA) at any time the resident and/or designated representative requests to speak to someone about returning to the community. Additionally, the nursing home requirement to post in a public area of the facility the contact number for the LCA was added.

The newly issued DAL provides further guidelines that include the following:

• The Open Doors Program has been identified as the LCA. Open Doors can be contacted by referring to the regional listing identified here by contacting the NY Association on Independent Living (NYAIL) Transition Center Hotline via phone at 844-545-7108, via fax at 518-465-4625, or via email at secq@ilny.org. Additional information about Open Doors can be found here.
• One of the programs available to support individuals in the community is the NHTD Waiver Program. Referrals to the NHTD Program can be made by contacting the Regional Resource Development Center (RRDC) or by contacting the Open Doors Program. Links for the RRDC contacts are located here.
  • You are expected to review the referral process available at this site.
  • The Department expects you to review a video with residents which briefly explains the NHTD Program and the referral process. The video is located here.
  • After this initial distribution, the Department expects that your facility will make this video available for viewing by residents at intervals of no less than every six months.
  • There are additional outreach materials, including posters and rack cards, that should be made accessible to residents and their loved ones, available here.
  • Posters must be posted conspicuously in a public space in your facility.
• Finally, the Department provides with the DAL a copy of a Notice of Proposed Settlement in a Class Action litigation matter, Bagley v. New York State Department of Health, concerning the NHTD Program. The Notice summarizes the proposed Settlement Agreement and provides Class Members with notice that they have the right to comment on or object to the terms of the proposed Settlement Agreement, and instructions on how to do so.
  • You are a Class Member if you:
    • are an NYC resident who,
    • at any time after Aug. 18, 2012,
    • have been or are a recipient of Medicaid coverage that supports community-based long-term care services, and
    • you are over the age of 18, and
    • you have applied, are applying, or, during the three-year period following the Court’s approval of the Settlement Agreement, apply for NHTD Waiver Program services in NYC, and
    • you have been found to be ineligible for the NHTD Waiver Program at the Intake Interview stage, or
    • you were told that you were probably eligible but subsequently were deemed ineligible without receiving a formal notice of that decision, and
    • you have never been enrolled in the NHTD Waiver Program.
• The Department expects you to post a copy of the Notice in a common area to which residents routinely have access.

Any questions regarding the NHTD Waiver Program may be directed to the RRDC, the Open Doors Program, or nhtdwaiver@health.ny.gov.

Contact: Carrie Mosley, cmosley@leadingageny.org, 518-867-8383 ext. 147