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DOH Issues Nursing Home Staffing Non-Compliance Notices for Q3 2022

The Department of Health (DOH) issued the second round of notices of non-compliance with the nursing home staffing requirements on Fri., Jan. 12th. The notices pertained to the third quarter of 2022. They were distributed through the Health Commerce Distribution Management System (HCDMS). Providers were notified of the distribution by an email message sent to the facility's administrator and operator. Nursing homes that satisfied the staffing requirements in the third quarter of 2022 should have received a notice of compliance.

Nursing homes that received a notice of non-compliance have 10 days to respond by submitting a request for redetermination (if there is an error in the facility's Payroll-Based Journal (PBJ) data or in the compliance calculation) or a request for mitigation of penalties. The forms for requesting redetermination and mitigation are available via links in the non-compliance notice. DOH hosted a webinar concerning the request for mitigation process in November. A recording of the webinar is available here, and the slides are available here. Although DOH has streamlined the mitigation form, it still requires submission of substantial documentation and information. A copy of the schedule for seeking mitigation is available here.

Nursing homes are advised that the Health Commerce System (HCS) has been updated and now requires multi-factor authentication. Users who are experiencing difficulty with accessing the HCS should contact the Commerce Account Management Unit (CAMU) by email here or by phone at 1-866-529-1890.

Questions regarding the completion of the request for redetermination or mitigation should be submitted to DOH here.

Contact: Karen Lipson, klipson@leadingageny.org