DOH Monthly Briefing – September 2021
DOH held its Monthly Briefing earlier today. The following summarizes the topics discussed: Budget Items- Nursing Homes Reform – Internal DOH conversations continue regarding the nursing home reform issues contained in the 2021/22 Executive Budget. Further guidance will be issued.
- 70/40 Staffing Requirements - NYSHFA once again requested information and updates on the Department’s promulgation of the 70/40 regulations. DOH stated that discussions regarding the 70/40 staffing regulations are currently being held at the Executive level, and thus currently outside of the DOH Rate-Setting division. Accordingly, no further information was given. Although the 70/40 staffing requirements are effective 1/1/22, the 2022 RHCF data utilized for the 70/40 staffing requirement will not be submitted and analyzed until mid to late 2023. As such, financial impacts related to the 70/40 regulations would then be retroactive to 1/1/22.
- July 2021 Case Mix – DOH has completed its 6-month rolling MDS collection period (Oct 2020 – Mar 2021) utilizing all MDS data points. As you are aware, DOH had advanced this initiative for some time and this rolling collection process will replace the historical 92-day look-back period. As such, NYSHFA has continuously stressed to our members that they treat each MDS as if they were in the historical reimbursement “catchment period.” The 7/1/21 DAL outlined the MDS collection period changes.
NYSHFA has formally requested that DOH defer implementation of the CMI methodology change until January 1, 2022. It is our understanding that the request is presently under consideration by the DOH Executive Team.
- 1/1/21 Rates – The 1/1/21 rates were revised to reflect the July 2020 MDS submission as well as the 2021 minimum wage add-on (per the 8/19/21 DAL). Operating/Capital rate adjustments should be reflected in Medicaid cycles #2296/2297 (check release dates 9/8/21 and 9/15/21). Present litigation issues have delayed some provider rate postings to the HCS. DOH continues to work on completing rate postings, both to individual providers on the HCS, as well as in aggregate on the DOH website.
- 7/1/21 Rates – The 7/1/21 rates would include a revised case mix which does utilize the 6-month rolling MDS collection period (as outlined above). The rates are currently under Executive review. Expect issuance sometime during early October (following the normal DOB approval process).
- Capital Preview Rates – DOH is working to establish a timeframe for the fall issuance of the capital preview rates. DOH, per regulation, will continue to impute the 90% occupancy requirement with respect to the capital rates.
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