Deadline Approaching for Nursing Homes to Respond to Staffing Compliance Notices
On Jan. 11th and 12th, the Department of Health (DOH) issued staffing level compliance/noncompliance letters to nursing homes covering Quarter 3 of 2022. They were distributed through the Health Commerce Distribution Management System (HCDMS) and can be accessed by the individual listed in the role of Administrator or Operator. Members should recall that requests for penalty reductions or redeterminations must be submitted within 10 business days of the date of the notice letter. DOH has clarified that Jan. 15th, the Martin Luther King holiday, is not counted as a business day.
Those who disagree with the State’s determination should complete and submit the online Redetermination Request form and upload the required documentation. Those deemed to be out of compliance can provide information on their efforts to comply by completing the online Penalty Reduction Application. Screenshots of the penalty reduction schedules are available here. Note that Schedule B, the section in which the applicant reports the reasonable attempts undertaken to comply with staffing requirements, has been significantly updated since the prior cycle. A recording of the webinar that DOH hosted on updates to the application is available here; the associated presentation slides are here.
Members will recall that the Health Commissioner had previously issued a Determination of an Acute Labor Supply Shortage covering Quarter 2, Quarter 3, and Quarter 4 of 2022. It includes Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Aides and is available here. Earlier this month, the Commissioner issued the same determination of an acute shortage covering Quarter 1 and Quarter 2 of 2023 (accessible here). The Governor’s State of Emergency Declaration Due to Staffing Shortages (Executive Order 4) was in effect for all of 2022, ending in June 2023.
Members experiencing difficulty with accessing the notice on the HCDMS should ensure that the individual doing so is listed in the role of Administrator or Operator and contact the Commerce Account Management Unit (CAMU) at camu@health.ny.gov or 866-529-1890 if further assistance is needed. DOH is fielding questions at nhsafestaffing@health.ny.gov.
Contact: Darius Kirstein, dkirstein@leadingageny.org, 518-867-8841 or Karen Lipson, klipson@leadingageny.org