DOH Monthly Briefing – May 2022
DOH held its Monthly Briefing earlier today. The following summarizes the topics discussed:
Budget Initiatives:
- 1% Rate Increase – DOH is working on the CMS State Plan Amendment (SPA). Once submitted and approved, the 1% rate increase will become effective retroactive to 4/1/22.
- 1.5% ATB Cut Restoration –The restoration cut was eliminated via Medicaid cycle #2330 (4/1/22). DOH is working on the CMS SPA.
70/40/5 Law Amendments – The final Executive Budget excluded the cash receipts assessment from the definition of revenue. Also excluded from the revenue definition was the capital per diem portion of the rate for CMS four- and five-star facilities that are not attributable to a capital expenditure made to an entity with a common familial ownership. The Governor did not issue an additional 30-day implementation delay; therefore, the effective date is 4/1/22. The associations again requested additional guidelines related to implementation of the staffing requirements as well as the associated $64M state funding to be provided. DOH does not yet have additional guidance related to the 70/40/5 amendments.
1/1/22 Rates – The 1/1/22 rate package is under Executive Review. Rather than further delay, DOH will issue the 2022 operating rates in advance of the pending 2022 capital rates. DOH did not release the expected 1/1/22 operating rate issuance date.
5% MDS Cap Release – The 5% MDS Cap is no longer in regulation. As such, DOH will process payments/recoupments attributable to the cap for the period 7/1/17 – 1/1/21. DOH will issue lump-sum payments for those providers who are due monies related to the 5% cap. For providers who owe recoupments due to the cap, DOH will apply the standard weekly 15% recoupment until all monies are repaid. Specific year-to-year payments and/or recoupments will be netted into one provider transaction.
Capital Attestations – The 2022 capital preview rates, and respective attestation process were issued on 3/29/22, with a final attestation submission deadline of May 13,2022. Although there were no changes to the capital reimbursement methodology or attestation documents, DOH has added a revised Capital Preview Attestation. Capital rate errors due to incorrect 2020 RHCF data will now require the facility to refile their corrected 2020 RHCF. DOH reminds providers to submit detailed supporting documentation in support of any additional capital reimbursement requests. Also, all operators must certify, in addition to the CPA firms, when attesting or refiling the 2020 RHCF.
Cost Report Software – DOH reported no significant changes to the upcoming 2021 RHCF software. Release of the software should occur within the next few days. It is expected that DOH will allow 60 days for completion of the 2021 RHCF.
2017 – 2021 ALP Minimum Wage Rates – DOH issued a DAL on 4/22/22 which provided information related to the 2017 – 2021 ALP minimum wage survey and related rate calculations. The updated minimum wage calculations will be active in Medicaid cycle #2333, check release date 5/25/22. Numerous provider questions have since arose regarding the recoupment calculations. As such, DOH is working to identify the magnitude of both the payments and recoupments associated with revised calculations, and will issue further guidance.
Advanced Training Initiative (ATI) – DOH funded the 2021/22 ATI program in Medicaid cycle # 2325 (check release date of 3/30/22). Providers have until 12/31/22 to complete their associated ATI trainings.
2017/18 OMIG Audits – The 2017 MDS audits are nearly complete. OMIG expects to begin the 2018 audit field work mid-late summer.
NYSHFA/NYSCAL CONTACT:
Carl J. Pucci
Chief Financial Officer
518-462-4800 x36
