Updates on Nursing Home and ACF Issues Provided at DOH Meeting
(Jan. 21, 2025) At a meeting with long-term care associations on Jan. 16th, the Department of Health (DOH) provided updates on various requirements applicable to nursing homes and adult care facilities (ACFs). The meeting also covered issues related to home care and hospice, which are addressed in a separate article here.
Nursing Home PPE Stockpile Requirement
DOH staff indicated that they will be issuing the 2024 enforcement notices for violations of the 60-day personal protective equipment (PPE) stockpile requirement on Feb. 4th. The updated 2025 stockpile quantities for each facility, based on 2024 average census, will be posted on Feb. 5th.
Nursing homes will recall that the required PPE inventory is based on average annual census as calculated by DOH, use rates derived from an academic study, and COVID-19 positivity rates during peak periods. Under the regulations, average census is to be determined by Jan. 1st annually by DOH. The Department has calculated average annual census using each facility's Health Electronic Response Data System (HERDS) COVID-19 survey submissions.
As always, nursing facilities should ensure that their stockpiles comply with statutory and regulatory requirements at Public Health Law section 2803(12)(a)(ii)(B) and 10 NY Codes, Rules, and Regulations (NYCRR) section 415.19(f) and the updated facility-specific stockpile inventory issued by DOH.
Daily HERDS Reports
DOH staff signaled that a positive revision would be made in the daily HERDS reports required of nursing homes and ACFs in the near future. LeadingAge NY has repeatedly asked the Department to eliminate or significantly streamline the HERDS reporting. The association organized a HERDS Day of Action late last year and has provided policymakers with specific examples of questions that are duplicative, unclear, outdated, or elicit flawed data.
Nursing Home Staffing Penalties
DOH again indicated that it is expecting to post its determinations regarding penalties for violating state staffing standards in the near future. It will also be providing a webinar for facilities on its evaluation of mitigating factors and enforcement decisions. Staff confirmed that the next determination of the Commissioner on the existence of acute labor supply shortages by region will be issued in advance of the next round of enforcement letters.
Licensure and CON
DOH is continuing to work on finalizing its responses to public comments on the Program of All-Inclusive Care for the Elderly (PACE) licensure regulations proposed last year. It is also actively engaged with associations in a workgroup to streamline ACF licensure.
LeadingAge NY will notify members of any new developments in relation to these issues and others affecting their finances or operations.
Contact: Karen Lipson, klipson@leadingageny.org