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DOH Asks Some Nursing Homes for More Information on Staffing Penalty Reduction Requests

Some nursing homes that applied for penalty reductions in response to staffing mandate enforcements have recently received requests from the Department of Health for additional information.  The requests have been distributed by email and seek additional information within 3 business days.  Notably, we are aware of only a few facilities that received this request. 

The email generally asks for information that was previously solicited in the original penalty reduction application, but reportedly was not provided by the nursing home.  However, the email also elicits information about specific measures taken to protect the health and safety of residents during the workforce emergency.  Specifically,  the email asks facilities to describe the measures they implemented to prevent the following adverse events during the emergency:

  • Adverse drug events
  • Resident falls or safety events
  • Resident observation events (e.g., bed sores or infections)

The email is accompanied by "Supplemental Guidance" that largely reiterates the information contained in the penalty reduction application.  However, it also states in releation to the safety measures:

Please include strategic measures employed by the facility to ensure resident health and safety during the acute labor supply shortage, and to avoid the following events:

  • Adverse drug events
  • Resident falls or safety events
  • Resident observation events, for example bed sores or infections
  • Other clinically significant or urgent/emergent matters

Please consider efforts implemented to address the labor shortage, such as maximizing utilization of existing staff, monitoring of residents, internal audit/review measures, and improved communication efforts, for example.

LeadingAge NY recognizes that the volume of information requested is burdensome, and the timeframe to response is inadequate. We will continue to raise these issues with the Department.  Nursing homes that cannot fulfill the request for information within the 3-day period should consider asking the Department for an extension of time. 

Contact:  Karen Lipson, klipson@leadingageny.org