Issue: September 14, 2020

Published on September 14, 2020

Articles in this issue:

Pandemic Emergency Plan (PEP) due tomorrow!

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

NYSHFA has been notified by the NYSDOH of the following as it relates to the posting of the Pandemic Emergency Plan (PEP).

The NYS statute is clear on the requirement that nursing home facilities must prepare a PEP and post the entire PEP (not parts of the PEP, or a summary statement) on the providers‘ website by September 15, 2020.

NYSHFA/NYSCAL CONTACTS:

Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16

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

MLTC to FFS Transition Update

Author: Carl J. Pucci* Published in Finance & Reimbursement

DOH will be conducting a second “Batch Process” disenrollment to continue implementation of the MLTC to FFS transition process. DOH is requesting that providers transmit a listing of residents who are designated L-T Nursing Home Stay (LTNHS), are enrolled in an MLTC plan, and who have an active discharge plan to transition to the community. The list must be submitted to DOH no later than Monday, September 21, 2020.

This additional batch process will disenroll residents now meeting the above criteria that were not included in the initial 8/1/20 disenrollment. These newly disenrolled members will be converted to Medicaid FFS, effective November 1, 2020. Attached is the DOH DAL with further information.  Also attached below are supporting file documents to be utilized in support of the resident listing to be provided to DOH. 

Questions should be emailed to DOH.SM.MLTCNH@health.ny.gov.

NYSHFA/NYSCAL CONTACTS:

Carl J. Pucci
Chief Financial Officer
518-462-4800 x36

Extension for Private Pay Assisted Living to apply for Provider Relief Funds

Author: Linda O'Connell

The CARES Act Provider Relief Fund under Phase 2 of the General Distribution round of funding for Private Pay Assisted Living has been extended to September 21, 2020. Please visit the Provider Relief Fund webpage for more information. 

 

NYSCAL Contact:

Stephen Hanse, President and CEO
(518) 462-4800, extension 11

Linda O'Connell, Coordinator, NYSCAL Member Support
(518) 462-4800, extension 13

AHCA/NCAL Investigates Reported False Positives in COVID-19 Testing: Survey and Resources

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

Late last week, AHCA/NCAL received a handful of reports of BD Analyzers producing COVID-19 false positives with staff and residents. We are working closely with LeadingAge, the Department of Health and Human Services, and BD Veritor leadership to investigate these preliminary reports, determine the extent of the issue, and understand the cause(s).

We wanted to share an update of developments to-date and what we are doing jointly.

Members should continue to use these POC tests but are encouraged to follow the CDC guidance and algorithm with details about when to conduct confirmation testing of positive antigen tests. 

You are also encouraged to conduct confirmation testing with PCR tests in other situations not covered by CDC guidance where asymptomatic residents or staff test positive with the antigen tests given the recent reports of false positives.  

If asymptomatic residents test positive with a POC antigen test, they should be placed into TBC and single room if possible but not moved to a COVID-19 (+) or cohorted with a known positive resident until confirmation testing with PCR is obtained. 

READ MORE COVID-19 UPDATES

Please email COVID19@ahca.org for additional questions, or visit ahcancal.org/coronavirus for more information.

NYSHFA/NYSCAL CONTACTS:

Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16

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

Update to Paid Leave of the Families First Coronavirus Response Act

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

On Friday, September 11, the U.S. Department of Labor (DOL) issued an update to the temporary rule they issued in April regarding coronavirus leave. This update changes the definition of health care workers. Employees defined as health care workers are not required to have paid sick leave. Other employees of providers are required to have paid sick leave and expanded family and medical leave. The details of the updated definitions and requirements are provided below. This applies to employers with fewer than 500 employees. Aggregation of employees across locations is possible in certain instances. This rule applies to nursing facilities and all long term care facilities which would include IDD and assisted living providers that meet the definitions in the rule. 

Providers should work with their employment counsel to determine whether these leave provisions apply.   

This revision was issued in response to a district court decision in New York which found part of the original rule invalid. The revisions impact the definition of a health care provider which can be exempted from paid leave and emergency family and medical leave expansion act (EFMLEA) requirements. The new definition is limited to those providing health care services and those reporting to health care providers. This definition includes employees who may not directly interact with patients but provide services that are integrated with and necessary for the provision of patient care. Examples of duties considered necessary for patient care include bathing, dressing, and feeding a patient/resident who cannot perform the activity independently. For assisted living, this could include direct care providers, CNAs, personal care assistants, or other titles providing direct care to residents. Previously, all employees, regardless of job activity, in a health care facility were included in the broad definition of health care provider and thus excluded from the paid leave requirements. 

DOL defines covered employees as “employees who do not provide health care services, even if their services could affect the provision of health care services.” Examples include building maintenance staff, human resources personnel, cooks, food services workers, and records and billing staff.  

Covered paid sick leave for non-health care staff includes: 

EFMLEA for non-health care staff includes: 

Currently, the coronavirus leave requirements are in place through December 31, 2020. Members should familiarize themselves with these new requirements which go into effect on Wednesday, September 16.

READ MORE 

Please email COVID19@ahca.org for additional questions, or visit ahcancal.org/coronavirus for more information.

NYSHFA/NYSCAL CONTACTS:

Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16

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

NYSHFA/NYSCAL 2020 Scholarship Program

Author:

NYSHFA/NYSCAL sponsors this Regional Scholarship program to provide financial help to the career-minded who are working in health care facilities that are members of NYSHFA/NYSCAL.  

The Scholarship Brochure, Application and a Poster which can be displayed in your facility can be found on our website at:  https://www.nyshfa-nyscal.org/fqc/scholarships/

Each Region winner receives a $750 Scholarship and educational programs must be strictly related to the applicant’s health care career. Applicants should give the application to their Administrator who, in turn, sends the material to the area's NYSHFA/NYSCAL Region President. 

Each Region sets its own timeline for awarding scholarships. However, NYSHFA/NYSCAL must be notified in writing of your award recipient(s) no later than September 30, 2020

If you have any questions about the scholarship program, please contact Joanne O’Connor at NYSHFA/NYSCAL at 518-462-4800 ext. 23 or joconnor@nyshfa.org.