Issue: October 24, 2019

Published on October 24, 2019

Articles in this issue:

NYSHFA Files Joint Legal Challenge to Case Mix Methodology Change

Author: Esq. Stephen B. Hanse* Published in Legal

The New York State Health Facilities Association (“NYSHFA”), together with five other associations and approximately 190 named skilled nursing facilities, filed a legal action this morning in New York State Supreme Court in Albany challenging the State’s proposed retroactive change to its case mix methodology. Included within our litigation is a request to the Court for an injunction enjoining the State from implementing its new case mix methodology. Attached is the Affidavit submitted to the Court by Stephen Hanse in support of our litigation. 

Generally speaking, our litigation challenges the State’s proposed retroactive change to its case mix methodology on the following grounds: (1) the State adopted its changes to the case mix methodology without CMS approval; (2) the State imposed its changes in the case mix methodology without first considering the recommendations of the Residential Health Care Facility Case Mix Adjustment Workgroup as established by law in the 2019-20 enacted State Budget; (3) the State disregarded a mandatory “circuit-breaker” in their regulations which limits case mix adjustments (up or down) to 5% prior to an OMIG audit; (4) the State altered its established data analysis processes to impose case mix rate adjustments in contravention of statutory and regulatory requirements; and (5) the State’s changes to its case mix methodology pose an immediate threat to nursing home residents and employees. 

“All nursing homes throughout New York share a collective mission to provide essential care to the State’s most fragile and vulnerable individuals,” stated Stephen Hanse, President & CEO of the New York State Health Facilities Association. “This mission is driven in partnership with the State of New York,” added Hanse. “However, in slashing Medicaid reimbursement to nursing homes by over $250 million dollars, New York is violating this partnership and turning its back on nursing home residents and the working men and women who provide vital care 24-hours a day, 365 days a year,” continued Hanse. “It is my sincere hope that the Court in this matter will put a stop to the State’s devastating cuts and protect nursing home residents, providers and their staff throughout New York,” concluded Hanse. 

Procedurally, the Court has scheduled a return date to hear formal arguments on Friday, November 1st. I will continue to keep you updated as this matter proceeds.

NYSHFA/NYSCAL CONTACT:

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

ATI Update

Author: Nancy Leveille and Lisa Volk* Published in Clinical & Quality

NYSHFA heard this week that the Medicaid Managed Care organizations have started to release the ATI funds to several of our members. NYSHFA has requested the list of Facilities with their identified approved programs from DOH for us to establish our training schedule. We also have requested an extended timeframe past March 31, 2020 for SNF to complete the training. The past ATI programs have had a year to complete their educational programs vs. a restricted four-month timeframe.

On November 21, 2019, NYSHFA is offering the Paid Feeding Assistant Train the Trainer program on Long Island and will repeat this one in New York and Albany in January. These programs are open to all SNF as they are being sponsored by the Audacia Workforce Investment Organization and also ATI approved. See attached for more information.

NYSHFA will continue to update our members as soon as we have more information from the Department. If you have any questions, please contact Nancy Leveille or Lisa Volk.

NYSHFA/NYSCAL CONTACTS:

Nancy Leveille, RN, MS
Executive Director
518-462-4800 x20

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

E-Prescribing Waiver Renewal

Author: Nancy Leveille and Lisa Volk* Published in Clinical & Quality

NYSHFA is in conversations again this year to renew or permanently update the E-prescribing legislation. The Governor’s office understands our issue and that the current waiver expires on October 31, 2019. Our two main requests to correct this mandate is to:

  1. Allow the Nurse to be the “Agent” of the physician for enacting non controlled substance prescriptions as we have been allowed to do for years in SNF; and
  2. To provide funding to the SNF for E-Prescribing technology.

We will keep you posted on the outcome by next week.

NYSHFA/NYSCAL CONTACTS:

Nancy Leveille, RN, MS
Executive Director
518-462-4800 x20

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

Infection Prevention Seminar 10/29/19

Author: Nancy Leveille and Jackie Pappalardi* Published in Clinical & Quality

Southern New York Association, Inc is sponsoring a Seminar for SNF Infection Preventionist nurses who are taking the CMS Infection Preventionist course. This seminar assists with test preparation for the course completion. It is being offered for free as part of their Workforce Investment Organization plan. Please see attached information for the full educational outline and registration information.

NYSHFA/NYSCAL CONTACTS:

Nancy Leveille, RN, MS
Executive Director
518-462-4800 x20

Jackie Pappalardi, RN, BSN
Director, Educational Development & Grant Mgmt.
518-462-4800 x16

Advisory: Updated NYSDOH Cyber Incident Reporting, FAQs and Updated Reporting Guidance Poster

Author: Jackie Pappalardi and Lisa Volk* Published in Clinical & Quality

The DOH distributed the attached DAL this week to provide guidance for Cyber Incident Reporting to DOH and included FAQ’s with answers. They also provide the telephone numbers for calling in emergencies by region for normal office hours and off hours. Please review with your key leadership staff.

NYSHFA/NYSCAL CONTACTS:

Jackie Pappalardi, RN, BSN
Director, Educational Development & Grant Mgmt.
518-462-4800 x16

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

Board of Examiners of Nursing Home Administrators (BENHA) Meeting 10/23/19

Author: Lisa Volk* Published in Clinical & Quality

NYSHFA attended the public portion of the Board of Examiners of Nursing Home Administrators (BENHA) Meeting on October 23rd. Here are the key items discussed during the meeting: 

April 8, 2020
October 14, 2020

If you have questions, please reach out to profcred@health.ny.gov or 1-877-877 1827.

NYSHFA/NYSCAL CONTACT:

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

Last Chance to Register! ALP Audio Conference - October 29, 2019

Author: * Published in Education

Join NYSHFA/NYSCAL for a Assisted Living Program: How to Prepare for, and Survive, an OMIG Audit being held on October 29th.

Learn about: the audit process and procedures for OMIG (and NYC HRA) audits; how to ensure that your audit goes well; and how to challenge your audit if it does not go well.

Click here for details.

We are Just Three Weeks Away! 24th Annual Fall Education Conference & Trade Show

Author: * Published in Education

We are just three weeks away from the 24th Annual Fall Education Conference & Trade Show. The conference will be held at the Albany Marriott, November 13-14th! This year the scheduled is packed with hot topics including: Quality of Care; Capital Improvements; Legal & Legislative Updates; Case Mix Index; DOH Updates and so much more.

Don’t miss out on this great educational opportunity where you can earn up to 10 CEUS! Approved by NAB and NYS for Administrators, Executive Directors & CPAs.

Click here for additional details.

We look forward to seeing you there!

Person Centered Care Audio Conference- November 5, 2019

Author: * Published in Education

Join NYSHFA/NYSCAL on November 5th at 1pm for What is Person-Centered Care Audio Conference. PCC is based on the concept that staff and leadership know each resident, and understands their medical and personal history, their needs, preferences, and expectations.

This practice maximizes the residents independence and makes staff assistance non task-oriented.  To learn more about implementing PCC into your community culture, click on the link to register for NYSHFA-NYSCAL’s Person Centered Care Audio Conference. What is “Person Centered Care”? 

Click here for additional details. 

 

 

 

 

 

 

 

Survey Tips & Trends 2019 Audio Conference- December 6th

Author: * Published in Education

Join NYSHFA/NYSCAL on December 6th at 10am for Survey Tips & Trends 2019 Audio Conference. In this audio conference, the presenter will review current survey trends in New York State, including Health, Life Safety and Emergency Preparedness. Attendees will learn tips for systems enhancement and quality improvement that can be implemented in their facilities to reduce the likelihood of deficient practices being identified. A regulatory update, including the status of the full implementation of the Requirements of Participation, will be provided.


Click here for additional details.