Universal Settlement Update

The State’s stated deadline to submit executed paperwork to participate in the Universal Settlement of Nursing Home Appeals and Litigation (“US”) was Sat., Dec. 12, 2015. We thank those members that have already responded and strongly encourage facilities that have not yet responded to promptly submit their executed US packages. 

Department of Health (DOH) Counsel and the US Trustees (Hinman Straub PC and O’Connell and Aronowitz) are reporting that considerable progress has been made toward achieving “universality” (i.e., the critical mass necessary to move ahead with the settlement). However, the State has indicated that they need to hear as soon as possible from those facilities that have yet to confirm their participation. Our collective goal is to conclude this part of the process as rapidly as possible to, among other things, ensure that facilities can make a case with their accounting firms to book a portion of the settlement funds in their 2015 financial statements, and to secure payment of one and possibly two US installment payments prior to April 1, 2016.

Accordingly, on behalf of the State and the US Trustees, we encourage all current operators and former owners who are required to submit executed US agreements and releases to do so as soon as possible. Similarly, we also ask those attorneys and accounting firms that have not already done so, to remind their clients of the need to send executed copies of those documents to their assigned US Trustee as soon as possible, lest they be excluded from participating in the Settlement. We thank those homes that are awaiting DOH confirmation of corrections to their excluded appeals list for their patience. 

DOH Counsel has also asked us to remind current operators, former owners and other interested parties that there are and should be no special US arrangements, agreements or side-deals being negotiated between the State and any counsel or the facilities they represent.

The mailing addresses of the US Trustees are as follows:

Hinman Straub PC, 121 State Street, Albany, NY  12207  ATTN:  UNIVERSAL SETTLEMENT AGREEMENT

O'Connell and Aronowitz, 54 State St., 9th Floor, Albany, NY 12207 ATTN: UNIVERSAL SETTLEMENT AGREEMENT

All homes in the state have been assigned either LeadingAge NY and association counsel Hinman Straub or NYSHFA and association counsel O'Connell and Aronowitz as liaisons for Universal Settlement document distribution and Trustees for payments. While most LeadingAge NY members are assigned to Hinman Straub, the Cover Memo distributed with the US documents clearly indicates your home's liaison. Please contact us if you have any questions. 

Contact:  Dan Heim, dheim@leadingageny.org, 518-867-8383, ext. 128