ACTION NEEDED: Submit 3.5 Non-Compliance & Fine Letters to NYSHFA ASAP

To better understand the scope and magnitude of skilled nursing facilities’ compliance with the State’s enforcement of its minimum staffing mandate and to assist members in defending against enforcement of penalties, NYSHFA wants to evaluate where regional and/or statewide geographic challenges may exist among its members in reaching the 3.5-hour threshold. Non-compliance is failure to meet any of the three hours per resident day (HPRD) requirements (3.5 total, 2.2 CNA, 1.1 LPN or RN).

Given the time-sensitive nature of submitting requests to demonstrate mitigating circumstances and/or a penalty reduction for Q2 2022, if your Administrator or designated backup has received a letter of non-compliance via the Health Commerce System, please forward a .pdf version of this letter to Kristin A. DeVries, MA, MPP, Director of Government Relations, at kdevries@nyshfa-nyscal.org as soon as possible. Following any efforts regarding redetermination or mitigation, we ask that you also send NYSHFA any NYSDOH-issued fine letter you may receive as well. We will, of course, maintain confidentiality with respect to each member’s specific response. Thank you.