LeadingAge NY Comments on Revised Bed Hold Proposal

LeadingAge NY filed formal written comments last week raising concerns about the Department of Health’s (DOH) revised proposed regulations that would modify the State’s policies on reserved bed days for residents of nursing homes. We are pleased that DOH has dropped language in the proposal that would have required nursing homes to reserve the same room and bed for residents who are temporarily hospitalized or on leave, even when Medicaid does not pay the facility to hold the bed.

The final 2017-18 State Budget revised Public Health Law § 2808(25), effectively eliminating Medicaid coverage of hospitalization bed holds for residents age 21+ who are not on hospice. DOH issued a Dear Administrator Letter (DAL) in May 2017 discussing the law change and indicating that implementation of the new law would be delayed until DOH adopted regulations, and that nursing homes would continue to be reimbursed for reserved bed days under the law as it existed before April 1, 2017.

In our comments, LeadingAge NY urged DOH to implement the elimination of hospitalization bed holds only prospectively, following adoption of the final regulations. Our comments also address concerns about reducing reserved bed day payments to hospices and including reserved bed days in the calculation of Medicaid rates for specialty providers.

We will keep members apprised of further developments on this issue.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866