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DOH Issues Update on Reserved Bed Days

Chapter 57 of the Laws of 2017 recently amended Public Health Law § 2808(25) relating to Medicaid reimbursement for reserved bed days due to hospitalization leaves. The intent of this amendment was to further limit Medicaid reimbursement for hospitalization reserved bed days for patients age 21 and older, and not to affect the availability of Medicaid reserved bed day payments for individuals under 21.  The change does not impact bed hold payments for therapeutic leave. 

LeadingAge NY and other associations submitted questions to the Department of Health (DOH) and have been requesting that the state provide guidance and address at least the most immediate questions regarding the change since the budget was enacted. Late Friday, DOH issued a Dear Administrator Letter (DAL) to all nursing home providers regarding the changes to reserved bed days. LeadingAge NY distributed an advance copy to members on Fri., May 12th.

The DAL notes that the changes end Medicaid reimbursement to nursing facilities for reserved bed days, but do not eliminate the current regulatory requirement that Medicaid-enrolled nursing facilities hold the same bed in the same room for such hospitalized patients for a period of 14 days.

DOH intends to issue emergency regulations related to the statutory amendments. Until the emergency regulations are issued, DOH is delaying implementation of the statutory amendments and will continue to reimburse nursing facilities for reserved bed days pursuant to the law as it existed prior to April 1, 2017.

In the meantime, LeadingAge NY will continue to try to mitigate the impact of this provision and will keep members apprised of developments.

Contact: Darius Kirstein, dkirstein@leadingageny.org, 518-867-8383 ext. 104 or Elliott Frost, efrost@leadingageny.org, 518-867-8832 ext. 140