Final FY 2023-24 New York State Budget Provisions
The final FY 2023-24 State Budget, as agreed upon by the Governor and Legislative Leaders this weekend, includes/excludes the below provisions that will impact skilled nursing and assisted living providers: SNF Medicaid Rate Increase Provides a uniform Medicaid rate increase of up to 7.5% for the operating component of nursing homes, subject to federal financial participation. ALP Medicaid Rate Increase Provides a uniform Medicaid rate increase of 6.5% for the operating component of assisted living programs, subject to federal financial participation. Medicaid Global Cap Continues the Medicaid Global Cap through 2025. The metric used to set Medicaid Global Cap spending continues to be based on a five-year rolling average of Medicaid spending projections. Cash Receipts Assessment (CRA) Continues the CRA at 6% through March 31, 2024 Statewide Health care Facility Transformation Program (“Statewide V”) Provides $990 million in grant funding for the creation of the Statewide V for the purpose of transforming, redesigning, and strengthening quality health care needs in nursing homes, adult care facilities, assisted living programs, and hospitals. $490 million is reserved for grants to health care providers for capital projects, debt retirement, working capital, or other non-capital projects that, among other things, increase access to care, improve quality of care, and ensure financial stability of health care providers. $500 million is reserved for investments in technological or telehealth projects, projects related to cybersecurity, and unfunded project applications submitted in response to Statewide IV. Temporary Health Care Services Agencies Requires temporary health care services agencies to register annually with DOH and sets forth specific ownership and operational criteria that must be provided by each staffing agency to DOH. Additionally, the law sets forth minimum standards for agencies, that include, among other things, a requirement to maintain a written agreement with every health care entity in which in does business, that sets forth maximum rates that can be billed or charged; minimum license, training, and continuing education requirements for all assigned personnel; and submission to DOH of copies of all contracts and invoices between an agency and a health care entity. Moreover, the law further provides for:- DOH to promulgate regulations to implement the law, including establishing additional minimum standards regarding pricing, fees, administrative costs and business practices;
- Agencies to report quarterly to DOH a full disclosure of charges and compensation, including a schedule of all hourly billing rates for each category of staff, and the names of all health care entities the agency has contracted with in the State;
- DOH to maintain authority to examine the books and records of the agency;
- DOH to be able to suspend, revoke or refuse to renew any staffing agency registration;
- DOH to publish on its website a quarterly report containing aggregated and de-identified staffing agency data;
- DOH and DOL to provide a report to the Governor and the Legislature by January 1, 2024 summarizing the key findings of the staffing agency data collected under the law; and,
- The AG to bring an action for an injunction against any person who violates any provision of the law.
- Merger with a health care entity;
- Acquisition of one or more health care entities;
- Affiliation agreement/contract among health care entities; and,
- Formation of a partnership or joint venture for the purpose of administering contracts with healthcare providers
Read More
