Governor Cuomo’s 30-Day Executive Budget Amendments – Long Term Care
Governor Cuomo introduced his 30-day amendments to the FY 2021-22 Executive Budget today. The following is a summary of the provisions set forth in his amendments affecting skilled nursing and assisted living providers.- Increases various civil monetary penalties and authorizes such fines to be used to fund activities of a newly established patient safety center and to improve resident quality of care and quality of life.
- Requires CON’s to include information pertaining to staffing and staff skill mix.
- Requires SNFs to contract with an independent quality monitor at its own expense in circumstances following two consecutive inspections, regardless of timeframe between inspections, a facility has been issued more than one statement of deficiencies citing violations of infection control.
- Requires a minimum of 70 percent of facility revenue be spent on direct resident care and 40 percent of that 70 percent to be spent on “resident-facing staffing.” 15 percent of staffing that is contracted out by a facility shall be deducted from the direct resident care calculation.
- Requires total operating revenue that exceeds expenses by more than 5 percent to be expended on resident facing or direct care staff by October 1st of the following year. Such funds above 5 percent that are not expended as such will be payable to the State by November 1st of such year. Revenue is defined as total operating revenue from all payor sources. Expenses include all operating and non-operating expenses but excludes related party transactions to the extent that such transactions are greater than fair market value and payments for employees not actively engaged in providing services at a facility. “Direct resident care” excludes capital depreciation, rent and leases, fiscal services, and administrative services.
- Salaries for executive or management positions that do not involve direct resident care may not exceed $250k annually.
- Requires facilities to publicly disclose (i) maximum resident rates charged at a facility; (ii) all owners of a facility; (iii)landlord information; (iv) list of contracts for goods and services for which a facility pays with a portion of Medicaid or Medicare funds.
- Increases various civil monetary penalties for adult care facilities.
- Reduces the threshold for which the DOH may install a temporary operator and provides that an emergency receiver may be appointed upon no less than twenty-four hours’ notice.
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