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Hospital-Based Nursing Home Survey Due by 4 P.M. on May 26th

We remind hospital-based nursing homes that file the Residential Health Care Facility (RHCF)-2 Medicaid cost report that they must submit additional data requested by the Department of Health (DOH) and complete the operator’s certification before 4 p.m. on May 26th to be considered for staffing funding. The funding is designed to help providers defray the increased costs of State staffing level requirements. Eligibility is contingent on a facility meeting 70/40 minimum spending thresholds based on 2020 cost reports. The survey is needed because the legislation defines minimum spending requirements using RHCF-4 cost report categories. As a result, to get comparable data, the survey asks hospital-based homes to calculate and submit revenue and expense figures based on the categories used in the RHCF-4.

Free-standing homes that file the RHCF-4 Medicaid cost report and were deemed compliant with minimum spending requirements received funding at the end of March. While the full, all-funds appropriation is $187 million, DOH has agreed to release the State share (i.e., 50 percent) pending federal approval of the program.

Please note that although the minimum spending statute excludes cash receipts assessment reimbursement, federal COVID-19 relief, and certain capital reimbursement from revenue, DOH has clarified that when completing the survey, these exclusions should NOT be applied:

Q. Should the revenue exclusions specified in 415.34(b)(4) be reflected when revenue is reported on the survey?

DOH Response: Nursing homes should not deduct the revenue exclusions specified in subsections (i), (ii), (iii) and (iv) of 10 NYCRR 415.34(b)(4). Facilities should report Nursing Home Revenues as described in the supplemental instructions provided. Upon receipt of the certified survey, the Department will apply the exclusions as appropriate. As stated in the survey, the Department may request additional information if necessary.

The data must be entered through the Health Electronic Response Data System (HERDS) on the Health Commerce System (HCS). Please note that while the nursing home administrator may enter data for this survey, the operator of the nursing home or an executive officer with the authority to certify on behalf of the facility must review the data, complete the certification statement, and submit the completed survey. The Dear Operator Letter is here, and the survey instructions are here. DOH is fielding questions on the survey at NHSafeStaffing@health.ny.gov.

Contact: Darius Kirstein, dkirstein@leadingageny.org, 518-867-8841