DOH Reminds Nursing Homes of Their PPE Inventory Requirements
The Department of Health (DOH) issued a Dear Administrator Letter (DAL) on Sept. 25, 2023 reminding nursing homes of their statutory requirement to maintain at least a two-month supply of personal protective equipment (PPE). The DAL notes that, although the emergency regulation expired on Sept. 26, 2023, nursing homes remain subject to the PPE stockpile requirement as a result of the statutory requirement set forth at Public Health Law (PHL) Section 2803(12). The DAL advises facilities to continue adhering to the inventory calculations set forth in the regulation.
The regulation, which was previously adopted on an emergency basis, is proposed for permanent adoption. LeadingAge NY submitted comments on various iterations of the emergency regulation, as well as on the permanent regulation, seeking reasonable modifications to the calculation of the required inventory, the treatment of reusable supplies, and reimbursement for the added expense of PPE. Some of the association's recommendations regarding the required levels of PPE were adopted in prior iterations of the regulation. The public comment period closed on Aug. 14th, and the Public Health and Health Planning Council (PHHPC) approved the regulation at its Sept. 7th meeting. LeadingAge NY anticipates that a notice of adoption will be published in the next State Register.
Contact: Karen Lipson, klipson@leadingageny.org