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May 26th COVID-19 Update

In recent days, public health authorities and government regulators have issued new COVID-19-related guidance and requirements for providers of long-term/post-acute care (LTPAC) and senior services. These and other developments are described below.

As a reminder, LeadingAge NY continues to convene weekly webinars on Mondays at 11 a.m. to address emerging questions on COVID-19. Due to the Memorial Day weekend, this week’s update will be held tomorrow, Wed., May 27th. If you have any questions that you would like answered, please send them to Ami Schnauber, and be sure to check your email for the access information, or contact Jeff Diamond.

Additionally, LeadingAge NY continues to encourage members to review our questions and answers (Q&As) on operational and regulatory issues related to COVID-19. The Q&As contain information on numerous cross-sector issues, as well as issues specific to nursing homes, adult care facilities (ACFs)/assisted living, adult day health care (ADHC), home and community-based services (HCBS), and affordable housing/independent living. To access the Q&As, click here.

Cross-Sector Updates

State’s 1115(a) Waiver Application

Earlier this month, the Department of Health (DOH) submitted a request for regulatory flexibility and expenditure authority under Section 1115(a) of the Social Security Act that would provide $2.75 billion to support COVID-19-related activities and extend the State’s 1115 waiver for one year (through March 2022). The purpose of the 1115 emergency demonstration is to make “specific and targeted investments in the Medicaid delivery system, sustain provider capacity, promote capacity expansion targeted to public health emergencies in areas not already capable of receiving enhanced [Federal Medical Assistance Percentage (FMAP)] or other federal support funding, but that are nonetheless essential to New York’s comprehensive emergency response and mobilization efforts as well as preserving beneficiary access to essential health care services.” The application envisions three key investment areas:

  • $1.2 billion for activities such as supplementing rates or making retainer payments to preserve essential providers involved or impacted by the emergency response to the pandemic that could, among others, include eligible home care service providers, hospitals, clinics, and nursing facilities;
  • $650 million to fund identification and preparation of facilities that could be rapidly converted to meet new demands tied to COVID-19, including conversion and staffing costs, as well as development of flexible discharge networks;
  • $900 million to repurpose components of the existing 25 Performing Provider Systems (PPSs) into regional coordination hubs for COVID-19 response that would provide regional planning and service coordination, foster the deployment of telehealth and other technologies across the continuum of care, help bring promising practices developed by PPSs to scale, and facilitate workforce training and redeployment and training.

In addition, the State requests general authority to modify or suspend contract and program standards, as well as reimbursement methodologies, in connection with the activities and funding objectives of the application.

Weekly CMS and DOH Calls Related to COVID-19

  • Centers for Medicare and Medicaid Services (CMS) staff have been holding “office hours” calls on Tuesdays and Thursdays from 5 to 6 p.m. The next call is on Thurs., May 28th at 5 p.m. You can register for the audio webcast or join by phone at the appointed hour by calling 833-614-0820 and using access passcode 8977438. These “office hours” calls cover a wide range of COVID-19 topics and are aimed at multiple provider types, not just long term care.
  • CMS holds a weekly nursing home call on Wednesdays from 4:30 to 5 p.m. You can register for the May 27th audio webcast or join the call by dialing 833-614-0820 and entering access passcode 1243649. Recordings of past calls are available here.
  • CMS weekly calls for home health and hospice providers are held on Tuesdays from 3 to 3:30 p.m. Recordings of the calls are posted several days later here.
  • CMS weekly calls for nurses are held on Thursdays from 3 to 3:30 p.m. The May 28th call can be accessed via audio webcast or by calling 833-614-0820 and using access passcode 2988422. Recordings of past calls are available here.
  • DOH holds a clinically oriented weekly webinar for health care providers on Thursdays, which can be accessed here (this is also the site where on-demand viewing of prior webinars is available). No advance registration is required.

Provider Relief Fund Attestations

Providers who have received funding from the COVID-19 Provider Relief Fund (PRF) administered by the Department of Health and Human Services (HHS) now have an ADDITIONAL 45 days, making it 90 days from receipt of the funds, to agree to the specified terms and conditions. Please note that HHS has extended the attestation due date several times, and some outdated information may still be reflected on the HHS website. The formal announcement of the 90-day timeframe is here. Although it appears that providers can attest to PRF general relief terms and conditions through a single portal, each payment does have a separate terms and conditions document (posted here), and the main portal through which funding recipients can attest and submit required expenses and tax information is here. Providers who believe that they should have qualified to receive a second payment but did not should be certain to submit expense and tax information prior to June 3rd.

Nursing Home and ACF Updates

TOMORROW at 10 A.M.: DOH to Host Webinar Regarding Updates to Weekly Nursing Home and ACF Testing Survey

Tomorrow, May 27th, at 10 a.m., DOH will host a 30-minute webinar for nursing homes and ACFs regarding updates to the weekly testing survey related to measures taken by facilities to meet the terms of Executive Order (EO) 202.30 and specifically staff testing. Members should be sure to check their email for the webinar access information from DOH and submit any questions to covidnursinghomeinfo@health.ny.gov.

Additional Relief Targets Nursing Homes

HHS began issuing another round of PRF payments targeting nursing homes on Fri., May 22nd. They are being made in the same manner as previous payments (i.e., direct deposit) and are calculated as a $50,000 base payment plus $2,500 per certified bed. As with prior PRF distributions, recipients will be required to sign an attestation agreeing to specified terms and conditions within 90 days of receipt. HHS has also expanded and updated the PRF Frequently Asked Questions (FAQ) document, available here.

HCBS Updates

Home Care Clinician Training for COVID-19 Testing

Home care agencies and hospices throughout the state may take advantage of a new training to provide COVID-19 testing in the home as part of a new initiative funded by the Mother Cabrini Health Foundation and led by the Home Care Association of New York State (HCA), Iroquois Healthcare Alliance, and Mohawk Valley Health System.

On-demand online training and instruction will be available for home health registered nurses (RNs) and other qualified personnel on proper COVID-19 specimen collection procedures that can be conducted at home. The content of the course is inclusive of the DOH Training for Sample Collection Procedure for SARS CoV 2 Diagnostic Testing approved on May 15, 2020.

Home care and hospice providers are invited to participate in an introductory webinar on Thurs., May 28th from 10:30 to 11:30 a.m. To register, click here.

Selfhelp’s Virtual Senior Center Offered During COVID-19 Emergency

The Mother Cabrini Health Foundation, HCA, and LeadingAge NY member Selfhelp Community Services are working collaboratively to make Selfhelp's Virtual Senior Center platform available to home care providers statewide. This virtual program is a valuable option during the COVID-19 State of Emergency. With the help of home care providers, the elderly and chronically ill will have access to the many amenities of a senior center while staying at home. More information on programming and resources offered by Selfhelp is forthcoming.

Affordable Housing/Independent Living Updates

HUD Updates Guidance on Confirmed COVID-19 Cases, Residual Receipts

On May 21st, the Department of Housing and Urban Development (HUD) issued an update to its COVID-19 Q&As for Office of Multifamily Housing Stakeholders, including key information for senior housing providers. The new Q&As address residual receipt remittance, carrying over late fees during the eviction moratorium, messaging to residents about confirmed cases on site, and more.

For an overview of the new updates from LeadingAge National, click here.