Important Nursing Home Deadlines
We remind members that nursing home providers are facing several important summer deadlines. After several years of development, the Department of Health (DOH) has invited homes that have engaged in eligible and DOH-approved refinancing arrangements since April 2015 to apply to share in the savings that accrue to the Medicaid program from the refinancing. Applications are due by June 20th. While the Medicaid cost report filing deadline is still almost two months away, homes should ensure that any necessary Health Commerce System (HCS) permissions are in place well in advance of that date for any staff who will file and/or certify the report. And while a ruling by the State's highest court did modify Executive Order 38 (EO #38), most providers are required to file disclosure reports by June 29th or the due date of their Medicaid cost report, whichever is later.
Refinancing Shared Savings Program applications are due by June 20th. In late May, DOH issued a Dear Administrator Letter (DAL) outlining the process and eligibility criteria for participating in the Nursing Home Refinancing/Shared Savings Program, which authorizes DOH to share 50 percent of Medicaid savings derived from an approved refinancing arrangement with the provider. Please note that in the original DOH distribution of the announcement, the application form was incomplete. More information with links to the DAL and form is available here. DOH is fielding questions on the program at NFRates@health.ny.gov.
Medicaid Cost Reports are due July 29th. DOH posted the 2018 Residential Health Care Facility (RHCF) cost report software on the HCS on May 29th. The DAL announcing the posting and a scan of the new page that was added to the report are available here. DOH is asking providers to ensure that individuals that file or certify the report have the needed permissions to access the HCS and the Financial Gateway portion of the HCS well in advance of the due date. The permissions application is available here. Please note that the cost report due date listed on the initial notification was July 19th but was changed to July 29th to ensure providers had the promised 60 days to complete the report. Members should make every effort to file an accurate and timely cost report to avoid a detrimental impact on their home's Nursing Home Quality Initiative (NHQI) score.
EO #38 Financial Disclosure Reports are likely due on June 29th or the due date of the Medicaid cost report, whichever is later. EO #38 requires covered providers who receive State funds or State-authorized payments to submit a Disclosure Form with information on administrative expenses and executive compensation no later than 180 days after the close of their covered reporting period or the date on which their Medicaid cost report is due, whichever is later.
Last fall, a Court of Appeals opinion annulled the “soft cap” portion of the EO #38 regulations, which caps executive compensation paid from all funding sources, but upheld the “hard cap,” which limits executive compensation paid from State funds and State-authorized payments (more information available here). The Court also upheld the cap on administrative costs, which limits those expenses paid with State funds and State-authorized payments incurred in connection with management overhead but which are not attributable directly to provision of program services.
We are seeking guidance on whether the State will revise the format or timing of the required reporting in light of the ruling, but at this point, no changes to the required reporting have been announced. The EO #38 web page with filing guidance, forms, and FAQs is here. We will keep members apprised of any changes.
LeadingAge NY Contact: Darius Kirstein, dkirstein@leadingageny.org, 518-867-8841