LeadingAge NY Seeks Amendments to Nursing Home PPE Stockpile Regulations, Reimbursement for Costs

LeadingAge New York sought changes this week in nursing home personal protective equipment (PPE) stockpile regulations and adequate reimbursement to cover stockpile costs.  The comments were made in response to revised proposed regulations that would make permanent the emergency PPE stockpile regulations currently in effect.  First adopted in July 2021 on an emergency basis, the regulations require nursing homes and hospitals to maintain a 60-day supply of PPE. 

LeadingAge NY has, in previous comments, criticized the formula used to calculate the required 60-day inventory, noting that it is likely to drive the purchase of excess PPE that may expire before it can feasibly be used.  In response, the Department has changed aspects of the formula.  Specifically, it has shifted to using average census as the basis for nursing home inventories, rather than certified beds, and it has allowed nursing homes previously designated as "COVID-only" facilities to use a positivity rate of 20.15 percent rather than the nearly 100 percent positivity rate previously required for these facilities. 

The association's most recent comments continue to express concerns regarding the potential for waste and negative environmental impacts as a result of over-sized stockpiles.   In addition, the comments request that the formula take into account reusable PPE (especially gowns), given the environmental benefits and cost-effectiveness of resuable gowns over disposable ones.  The comments also highlight the unreimbursed costs associated with the stockpile requirements and advocate for adequate Medicaid rates to cover the costs. 

Prior to adoption, the revised proposed regulations must be presented to the Public Health and Health Planning Council (PHHPC) for approval, and if approved, will take effect upon filing with the Department of State.  As they do not modify the emergency regulations currently in effect, the revised proposed regulations would not trigger any immediate change in stockpile specifications.  The revised proposed regulations are here, and LeadingAge NY's comments are here.

Contact:  Karen Lipson, klipson@leadingageny.org