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3/15/23 Provider Association Call with The New York State Department of Health (NYSDOH)

NYSHFA participated in a Nursing Home Provider Association call with the NYSDOH this morning. Several updates were provided, with highlights summarized below:

Presentation: Money Follows the Person

 Andrea Juris, Project Director for Money Follows the Person (MFP) and Suzanne de Beaumont, Director for Open Doors Transition Center Program

  • MFP authorized and established by federal statute
  • Goal to rebalance the Long-Term Care system from institution to community
  • Open Doors Transition Center Program assists participants to transition from Nursing Homes and Intermediate Care Facilities to community
  • Section Q of the MDS is designed to explore the resident’s interest in returning to the community

*Slides and other resources will be sent out to members when made available by the department.

TNA to CNA Updates

As of Friday, 3/10/23
NOTE: Data as reported by the programs.
Total Number of TNA to CNA Candidates 3184
Number of candidates that need to retest 287
Number of candidates that anticipate being tested/retested 437
  • There are roughly 150 candidates that have not tested. Of them, 92 have not applied to test currently.
  • Many applications need correction and/or are incomplete. The NYSDOH staff are reaching out to those to make needed corrections so they may be scheduled to test.
  • Currently the “cutoff date” for TNAs to complete testing is August 5, 2023. At that point the NYSDOH will no longer track this information.

Informal Dispute Resolution Statistics

Year Received Upheld Lowered Overturned
2020 75 63 6 8
2021 131 105 7 16
2022 146 118 6 19
2023 13 2 NA NA

Top 10 Citations

2022   2023  
Tag Description Tag Description
F884 Reporting NHSN F884 Reporting NHSN
F689 Free of Accidents/Hazards F689 Free of Accidents/Hazards
F609 Reporting of Alleged Violations F609 Reporting of Alleged Violations
F656 Develop/Implement Comprehensive Care Plans F610 Investigate/Prevent/Correct Violations
F812 Food Procurement, Store/Prepare/Safe – Sanitary F656 Develop/Implement Comprehensive Care Plans
F880 Infection Prevention & Control F584 Safe/Clean Comfortable Environment
F600 Abuse/Neglect F657 Care Plan Timing and Revision
F610 Investigate/Prevent/Correct Violations F812 Food Procurement, Store/Prepare/Safe – Sanitary
F584 Safe/Clean Comfortable Environment F684
F677 ADL Care Provided for Dependent Residents F880 Infection Prevention & Control
F657 Care Plan Timing and Revision F600 Abuse/Neglect

Immediate Jeopardy Citations

2022   2023  
Tag Description Tag Description
F578 Refuse Treatment – Formulate Adv Dir F609 Reporting of Alleged Violations
F584 Safe/Clean Comfortable Environment F610 Investigate/Prevent/Correct Violations
F600 Abuse/Neglect F678 CPR
F604 Free of Restraints F689 Free of Accidents/Hazards
F608 Report Reasonable Suspicion Crime    
F610 Investigate/Prevent/Correct Violations    
F684 Quality of Care    
F689 Free of Accidents/Hazards    
F692 Nutrition/Hydration    
F740 Behavioral Health Services    
F742 Treat Mental/Psychosocial Concerns    
F888 COVID-19 Vaccination of Facility Staff    

Highlights reviewed included abuse and smoking related cases.

Schizophrenia Audit Update

 CMS has launched focused schizophrenia onsite offsite, focused surveys to specifically address the issue of erroneous coding of schizophrenia in nursing homes. CMS has begun conducting offsite audits to assess the accuracy of Minimum Data Set (MDS) data. Specifically, the facility’s evidence for appropriately documenting, assessing, and coding a diagnosis of schizophrenia in the MDS for residents in a facility.

  • Facilities selected for an audit will receive a letter explaining the purpose of the audit, the process that will be utilized, and instructions for providing supporting documentation.
  • Facilities will be given the opportunity to forego the audit by admitting they have errors and committing to correct the issue.

Life Safety Code Waiver Process – Sara Caldwell

  • The updated Guidelines for Submission of Waiver and Equivalency Requests may be found at:

https://www.health.ny.gov/facilities/cons/ (Please scroll to: Construction Waiver and Equivalency)

  • An upcoming DAL and training information is expected to be released by the department at a later date.

NYSHFA/NYSCAL CONTACTS:

Tarrah Quinlan, RN, BSN
Director of Education Program Development and Member Operations
518-462-4800 x20

Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15