Board of Directors Met in Albany December 3 & 4, 2013

Richard Herrick in From the President


The NYSHFA Board of Directors met in Albany over a two day period on December 3 & 4.   

Highlights of the meeting included: 

1)   NYSHFA’s 2014 Budget: Mr. Herrick and Mr. Pucci presented the Proposed 2014 Budget in detail. After reviewing the various assumptions used in generating the Budget it was noted that the budget is based on approximately 55% non-dues revenue (education and grants) and 45% dues revenue.  The budget was approved with a $2 per bed dues increase due to the uncertainty as it relates to a number of variables not the least of which is legal action. NYSHFA dues have not been increased since 2008.

NYSHFA staff work hard every day utilizing all available resources to ensure a high level of value is provided to its members.

2)   NYSCAL Report: Mr. Chur, Chair of the NYSCAL Board, presented three key components of the 2014 work plan which will include: continued efforts to increase membership; focus on mirroring the national level quality initiative; and development of materials for members including manuals, guides, etc. Beyond the 2014 work plan, NYSCAL will begin work on developing a strategic plan that will look at goals for the next 3 – 5 years.

3)   Legislative: Mr. Olsen, Chair of the Legislative Committee, and Mr. Hanse, V.P. of Governmental Affairs, discussed the year in review as well as their vision moving forward. Mentioned repeatedly was the need to be proactive and to build relationships so that NYSHFA will be thought of as a leader and the “go to association” when issues come up.

4)   Payment for Services: Mr. O’Neill, Chair of the Payment for Services Committee, reported on various rate issues, including pending case mix adjustments, 2014 capital revisions, OMIG audit activity, universal settlement process, and the State’s initiative to take over the NAMI collection process.

5)   Managed Care: Mr. Wissmann, Chair of the Managed Care Task Force, informed the Board that the scheduled transition to Managed Care had been postponed again and now stands ready for implementation on March 1, 2014 in NYC and September 1, 2014 for the rest of the state. Many questions remain concerning details of how this will be implemented.

6)   Legal Update:

a.    Transitional Adult Home case: Mr. Bratten presented on the current litigation pending with respect to the Transitional Adult Homes and the recent judgment on the Fawn Ridge lawsuit.  The litigation against the Transitional Adult Homes is progressing.  Our suit was filed in Kings County while a different lawsuit (by ESAAL) against the same regulations was filed in Dutchess County. The two suits have been combined into one but the location has not yet been decided upon.  There will be hearings early in 2014 as we progress.   A decision was made by an Administrative Law Judge regarding Fawn Ridge and was published earlier this past Fall. The result was that Fawn Ridge’s multiple citations, deficiencies and penalties were dismissed and that the DOH had over-interpreted many of the adult care regulations. The decision document has been sent to the Commissioner of Health for review. 

b.    Withdrawal of Equity Case: Mr. Murray, Esq. spoke in detail about the unfavorable decision the Court of Appeals handed down on the Withdrawal of Equity case. The Board voted not to pursue this case to the U.S. Supreme Court, given the cost involved, as well as the very minimal chance that the case would be heard.

c.    Base Price: Mr. Murray reported that discussions continue regarding the implementation of the $22M settlement previously reached with DOH on the Base Price case for the period 1996 to 1997. The Board voted to authorize the Executive Committee to have the case taken back to court if the terms of the implementation of the settlement are not reached very soon. (A subsequent update, letters are being sent to facilities which have benefited either as this mailing is going out or very soon.)

  NYSHFA CONTACT: Richard J. Herrick
518-462-4800 x11