DOH Monthly Briefing – November 2021
DOH held its Monthly Briefing earlier today. The following summarizes the topics discussed:
70/40/5 and 3.5 Minimum Staffing Regulations – DOH expects the final regulations for both the 70/40/5 and 3.5 minimum staffing requirements to be published in the State Register, possibly within the week. Upon publication in the State Register, the draft regulations will be open for a 60-day public comment period. It is anticipated that the published draft regulations will mirror those presented by the DOH at the 10/7/21 Public Health & Health Planning Council meeting.
DOH is working on SPA language for the additional $64M funding that was included in the 2021/2022 State Budget to support implementation of the staffing mandates. DOH is not ready to release either the specific 1/1/22 rate methodology for the additional funding or the specific facility rate runs. The Department did not respond to inquiries on whether the 2019 RHCF would be the “test year” to base the initial 70/40/5 staffing requirements. When questioned, DOH acknowledged the anomalies related to COVID during the 2020 RHCF reporting year.
Provider Restoration Payments – CMS has approved the additional 1% restoration SPA (which had been previously utilized to fund the Universal Settlement payments.) DOH expects to combine the additional 1% restoration, the “traditional” 1% restoration (which will include the “doubling up” for previous retroactive periods) and the 2020 NHQI into one lump-sum package. The rate package remains under Executive review. Providers should expect issuance by year end. As such, this should result in a 3% lump sum restoration payment (prior to any offset due to NHQI.)
7/1/21 Rates – The 7/1/21 rates have been updated and utilize the 6-month rolling MDS collection period from October 1, 2020 through March 31, 2021 (DAL posted 10/5/21). The payment for the 7/1/21 rates were processed in Medicaid cycle #2304 (check release date 11/3/21).
Capital Attestations – DOH expects to commence the capital attestation process in early December. There are currently IT issues with the RHCF software converting to the Rate-Setting system. This also has delayed release of the 11/1/21 notice rates (which contain the initial 1/1/22 capital rate). DOH, per regulation, will continue to impute the 90% occupancy requirement with respect to the capital rates. Any adjustments to the 90% occupancy threshold would require regulatory revision and, if justified, would be subject to approval in the upcoming Executive Budget cycle.
1.5% Transformation Payment – When asked if the transformation payment would continue into 2022, DOH indicated that the current positive 1.5% transformation payment “has not been removed” from the upcoming 2022 rates. No further clarification was given.
Cash Receipts Assessment (CRA) – A DAL was issued on 11/3/21, noting that the 2020 CRA rates have been updated and will be processed through EMEDNY in Medicaid cycle #2308 (check release date of 12/1/21). Providers have 30 days to appeal technical corrections to the rates.
2021 ALP Rates – DOH will be sending the 2021 minimum wage surveys to ALP Providers. Once this data is collected and processed, the 2021 ALP rates will then be revised and issued.
NYSHFA/NYSCAL CONTACT:
Carl J. Pucci
Chief Financial Officer
518-462-4800 x36
