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Agreement Reached on Universal Settlement

 

The State of New York and representatives of the nursing home industry have just reached agreement on the final terms and conditions for the Universal Settlement of Nursing Home Rate Appeals and Litigation (“US”).  Today, LeadingAge New York is e-mailing a customized series of documents out to each affected member facility that provide background on the settlement; lay out the agreement with the State; provide information on settlement amounts and excluded appeals, litigation and Medicaid audits; and further details on signing up to participate in the $850 million settlement.

In order to receive payments under the US, a facility must execute and deliver to the State executed copies of the US Agreement and the appropriate release(s).  The US agreement will not become binding until the State receives agreements and releases from substantially all facilities that are eligible to participate (i.e., when it is considered universal).

LeadingAge NY asks its nursing home members to read the Settlement Agreement carefully, consult with their attorney or counsel and, if acceptable, execute both the Agreement and applicable Release. These executed documents must be received by the State no later than Dec. 12, 2015.  For this purpose, the State will be hosting US “signing days” at the following dates/times:

·         Rochester: Nov. 30th from 8 a.m. to 5 p.m. at 335 East Main Street, First Floor video conference room, Rochester, NY 14604-2127

·         Albany: Dec. 3rd from 8 a.m. to 5 p.m. at Empire State Concourse, Meeting Room 5, Albany, NY 12242

·         New York City: Dec. 7th, 8th and 9th from 9 a.m. to 5 p.m. at a location to be announced.  

These “signing days” are for facilities’ convenience – it is not necessary to attend a signing day in order to execute the Agreement and Release.  Nursing homes have the option of forwarding their executed agreement and release(s) to the State-designated Trustee for handling and processing by the Dec. 12th deadline.  If you do not appear at one of the signing days to execute the documents, you should forward your executed Agreement and Release(s) to the designated firm for LeadingAge NY facilities: Hinman Straub PC, 121 State St., Albany, NY, 12207, ATTENTION: UNIVERSAL SETTLEMENT AGREEMENT.

If you have any questions, please contact Darius Kirstein (dkirstein@leadingageny.org) or Dan Heim (dheim@leadingageny.org), or call (518) 867-8383.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8383, ext. 128