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Nursing Homes May Receive Requests for Additional Staffing Information from DOH

The Department of Health (DOH) has informed LeadingAge NY that it will be transmitting requests for additional information to a significant number of nursing homes that applied for penalty reductions in response to staffing mandate enforcements. A small group of nursing homes received the supplemental request last week, and a larger group will be receiving requests in the next two weeks. The requests will be distributed by email to the individual who signed the application for a penalty reduction, to the administrator, and to the operator. Responses are due within three business days, but DOH staff advised that nursing homes may request an extension.

The Department indicated that the requests for additional information are an opportunity for nursing homes to supply information that may have been omitted from the original submission. For example, the email may request information about specific measures taken to protect the health and safety of residents during the workforce emergency, including:

  • Adverse drug events
  • Resident falls or safety events
  • Resident observation events (e.g., bed sores or infections)

The email is accompanied by "Supplemental Guidance" that largely reiterates the information contained in the penalty reduction application. However, it also states in relation to the safety measures:

Please include strategic measures employed by the facility to ensure resident health and safety during the acute labor supply shortage, and to avoid the following events:

  • Adverse drug events
  • Resident falls or safety events
  • Resident observation events, for example bed sores or infections
  • Other clinically significant or urgent/emergent matters

Please consider efforts implemented to address the labor shortage, such as maximizing utilization of existing staff, monitoring of residents, internal audit/review measures, and improved communication efforts, for example.

LeadingAge NY recognizes that the penalty reduction process is burdensome and the timeframe to respond is inadequate. The Department has committed to streamlining the process. Nursing homes that cannot fulfill the request for information within the three-day period should request an extension of time.

Contact: Karen Lipson, klipson@leadingageny.org