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Amended Nursing Home PPE Stockpile Regulations to Be Considered by Public Health and Health Planning Council

The Department of Health (DOH) has released proposed amendments to the nursing home personal protective equipment (PPE) stockpile regulations that calculate required inventory based on average occupancy, rather than certified beds. The draft regulations respond to advocacy by LeadingAge NY for over a year to rationalize nursing home stockpile requirements. The existing regulations drive the purchase of excessive amounts of PPE because, among other issues, they are based on certified beds. With 16,000 unused nursing home beds statewide as of September 2022, the existing methodology results in a significant waste of resources.

While the proposed amendments represent an important step in the right direction, they require certain clarifications and revisions, which are detailed in LeadingAge NY's comments. In addition, as noted in our comments, the substantial costs of PPE stockpiles, including storage space and inventory management, are not accounted for in nursing home Medicaid rates. The State must reimburse nursing homes for these costs if it is going to continue to impose stockpile requirements on facilities.

The regulations will be presented to the Public Health and Health Planning Council (PHHPC) on Jan. 26th for approval and must be published in the State Register before they take effect.

Contact: Karen Lipson, klipson@leadingageny.org