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LeadingAge NY Meets with DOH

(Nov. 26, 2024) LeadingAge NY staff met with other long term care provider associations and the Department of Health (DOH) last week. The meeting yielded the following touchpoints:

COVID-19 Cases and Vaccination. COVID-19 cases have been decreasing over the last three weeks in nursing homes and adult care facilities (ACFs). Cases are down by 60 percent. DOH has been tracking vaccine uptake for residents since Sept. 1st. Approximately 35 percent of nursing homes have not administered COVID-19 shots. The Department is seeking to discern whether this may be due to vaccine fatigue or a reluctance to administer the flu and COVID-19 vaccines together and is seeking input from providers and associations.

ACF EQUAL Funding. The Department has pulled back the award letters for Enhancing the Quality of Adult Living (EQUAL) Program funding for ACFs and will update its communications to providers soon. Click here for more details.

DALs. The 2025 Supplemental Security Income (SSI) benefits Dear Administrator Letter (DAL) is in the approval queue at DOH. Click here for more details on 2025 SSI/State Supplement Program (SSP) levels for ACFs. Guidance was also issued for ACFs regarding Legionella and water damage remediation and naloxone.

Additional guidance is also being issued soon on nursing home transfer and discharge, as well as nursing home governance regarding changes in operator. DOH notes that challenging receivership arrangements in court to try to circumvent the State’s change in operator procedures is counterproductive. The Department will address this issue in a DAL emphasizing that notifications to DOH are required for any receivership changes.

Nursing Home Minimum Staffing Requirement. Minimum staffing requirement compliance determinations for the second quarter of 2023 were sent out Nov. 12th and are due within 10 business days (i.e., Nov. 26th). While the Commissioner has declared a statewide acute labor supply shortage for Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Aides through June 2023, no declaration has yet been issued for the second half of 2023.

Nursing Home Safe Staffing Funding. DOH will be adhering to the Medicaid State Plan Amendment (SPA) approved by the Centers for Medicare and Medicaid Services (CMS) in March 2024 to distribute both the federal and State share of this funding. Based on the approved SPA, 70 facilities have been overpaid in State share funds. DOH will be recouping this funding over an extended period of time. At this point, DOH expects the federal share to be released in late December.

MPA. Andy Lebwohl reported that the Master Plan for Aging (MPA) Final Report is in process and taking into consideration feedback from the Advocacy Committees. Soon, agencies will be digging into the specific proposals for development.

VAPAP. Nursing Home Vital Access Provider Assurance Program (VAPAP) applications for the second half of State Fiscal Year 2024-25 are due on Dec. 15, 2024.

Home Care and Hospice. The State has posted the Licensed Home Care Services Agency (LHCSA) Statistical Report and is answering questions for providers. Providers voiced concern regarding the end of year due date for the report. The reporting timeframe is too short, and providers asked for at least a 60-day extension past the due date. The Department will get back to providers on this. DOH stressed the need for increased compliance with the LHCSA Statistical Report submissions. The Certified Home Health Agency (CHHA) and Hospice Statistical Report is forthcoming.

The hospice Lunch and Learn scheduled for Mon., Nov. 25th was cancelled and will be rescheduled. No other December Lunch and Learn is scheduled at this time. There will be another LHCSA webinar slated for January.

There was a question about whether sexual harassment and other State-required subjects can be included in in-service for aides. DOH promised to respond to that question shortly.

LGBTQ Training Requirement. LeadingAge NY and other providers have raised concerns regarding the DALs on the lesbian, gay, bisexual, transgender, and queer (LGBTQ) training requirement and the need for additional clarification as to how training programs are notified and required to comply and whether non-aide staff serving in hospice and home care (not in facilities) are required to comply with the requirement. Heidi Hayes shared that the matter is in DOH's legal department.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871