The Department of Health has not promulgated any regulations or guidance to date concerning the following disclosure requirements. As such, NYSHFA will be preparing a uniform format in the near future for providers to consider. In the meantime, the following is a summary of the required disclosures.
- October 21, 2021: Include on any public website for the facility the following information (see attached page 5 of Chapter 141 of the Laws of 2021):
- The rates charged by the facility for residency and services, detailed for each nongovernmental payer source (update this information annually by April 1 of each year);
- All individuals with an ownership interest in the operator of the facility (update this information within 30 days of any change or transaction affecting ownership);
- The name and business address of any landlord of the facility; and
- A summary of all contracts for goods and services for which the facility pays with any portion of Medicaid or Medicare funds, or any other agreement entered into by the facility, within 30 days of execution of the agreement or contract.
- October 21, 2021: Operators are required to notify DOH at least 90 days prior to entering into any new common or familial ownership of any entity providing services to the operator or the facility, and are required to provide at least 90 days’ notice to DOH prior to executing a contractual agreement with an entity to provide consulting services, operational services or staffing agency services at the facility. Operators are also required to update their residency agreement to include any existing common or familial arrangements, and notify residents and the LTC Ombudsman of any new arrangements (see attached Chapter 102 of the Laws of 2021).
Stephen B. Hanse, Esq.
President & CEO
Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services