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DOH Extends Appeal Attestation Deadline

NYSHFA has received numerous member questions seeking clarity with respect to attestation of appeals related to changes of ownership. Subsequently, NYSHFA entered into discussions with DOH and strongly advocated for further modifications to the instructions pertaining to appeals filed by both current and prior ownership. As a result, DOH has issued the following update related to the Statewide Appeals Processing Project, as noted below. DOH has also extended the appeal attestation deadline to January 16, 2024.

“This is an update to the instructions for the Statewide Appeals Processing Project implemented by the Department of Health pursuant to 10 NYCRR 86-2.14(f).

The original instructions required facilities to attest to all open appeals. We understand that there are concerns regarding the ability of facilities to attest to appeals that were filed under previous ownership. This update modifies the instructions to address those concerns.

Appeals filed by current ownership: Please continue to attest to and provide information for each appeal that was filed under your current ownership. All such appeals must be fully and completely addressed in the workbook. There is no change for these appeals.

Appeals filed by prior ownership: If you have sufficient information to attest to the content of these appeals, please do so. If, however, you are unable to access sufficient information about them or unable to work with the prior owners to review and attest to those appeals, then you may identify such appeals in the workbook and attest to them simply as “Prior Ownership”.

For appeals that were filed by prior ownership, you must complete the column in the workbook for “Appeal #” and then in the Comments column, enter “Prior Ownership”. DOH will consider this to be an attestation to the existence of the appeal but not an attestation to the accuracy of the contents of the appeal.

Appeals filed under prior ownership for which the accuracy of the contents of the appeal cannot be attested will be addressed following the completion of the Statewide Appeals Processing Project.In light of this update, the deadline has been further extended to January 16.”

Attached is the original 10/3/23 DAL and the appeals attestation form.

NYSHFA | NYSCAL CONTACTS:

Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11

Carl J. Pucci
Financial Consultant
518-462-4800 x36


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