Minutes from the ACF Provider Association Meeting
NYSCAL attended the ACF Association meeting hosted by DOH late yesterday to discuss several topics of importance to our members. DOH indicated that their plan is to hold these meeting on a quarterly basis moving forward throughout the year. If you have any topics that you would like NYSCAL to bring forward to these meetings, please share them with me as DOH has asked that agenda topics be submitted prior to the meetings. Topics for discussion at yesterday’s meeting included:
ALP Expansion – DOH gave an update of the 9 bed ALP Expansion that resulted from DAL 20-08. 53 applications were submitted for a total of 447 ALP beds awarded. Four applications are still under review.
EQUAL – 178 applications were awarded EQUAL funding and all 178 expenditure plans were approved. Funds were sent on January 4, 2022. DOH indicated that they are working on guidance that will instruct providers that they have one year from the date that the Department made the payment to spend the money. Facilities that were denied EQUAL may submit a FOIL request to the Department by e-mailing foil@health.ny.gov to request an explanation of the denial.
Equipment Waivers – A Dear Administrator Letter along with a checklist has been developed and is currently with DOH Executive Staff for review and is expected to be issued shortly. Care levels have been added to the checklist form. The Department indicated that equipment waivers that have been submitted to the Department that are over 30 days old will need to be resubmitted using the new process. The Dear Administrator Letter will include this explanation.
HCBS Settings Rule – The Department indicated that they are working with CMS to advocate for providers regarding the case management requirement in the rule. The Rule requires DOH to ensure that facilities having one or more residents who receive Medicaid-funded HCBS, whether within or outside the facility, meet the established standards expressed in the HCBS Final Rule by March 17, 2022. DAL_21-12 Home and Community Based Care Final Rule
Cooking appliances in ACFs – The Associations expressed concern that several facilities are being told by surveyors that residents are not allowed to have Keurig’s, electric coffee pots, etc. in resident rooms that have separate kitchen areas. DOH expressed that they are concerned about these appliances in resident sleeping or common areas because heating elements could overheat or residents could suffer potential burns, etc. DOH indicated that providers can reach out to their respective DOH Regional Office and requests for such appliances will be looked at on a case by case basis.
Testing Supplies – While on the call, the associations raised the concern about testing supplies for the adult care facilities. DOH indicated that a request for testing supplies has been made and it has been elevated within the Department.
Lastly, the Department spoke about the initiatives they have planned for 2022 and what their focus will be on:
– recovery from the pandemic
– streamlining the licensure process
– working on Hospice in ALP
– Regulation Reform
– trainings for frequently cited citations
– creating more fillable forms
– electronic complaint generation
– identify and retire old DOH practices
– work on the timeframes for issuance of COLA, ACF Financial Report, Census Report, etc.
