We have previously reported on certain NY PHL Article 28 laws passed earlier this year (Assembly/Senate Bills A5684A/S4893) that impact New York nursing home operator change of ownership applications, retention of employees upon a change of operation, and new patient and staff disclosures upon admission and changes in operation. Those laws were subsequently amended (Assembly/Senate Bills A7517/S6767) and include certain additional disclosure requirements now applicable to New York nursing homes.
As of October 21, 2021, new NY PHL Section 2829 requires the following to be posted on a facility’s publicly accessible website:
· maximum rates to be charged for residency and services, updated annually by April 1st with detailed rates for each payor source other than Medicare, Medicaid or other governmental payors;
· all owners; this list must also be submitted to DOH for posting on its website and information should be updated within thirty days of any changes affecting ownership;
· the name and business address of any facility landlord, which should be regularly updated as changes occur; and
· a “summary” of all contracts for provision of goods or services for which a facility pays with any portion of Medicaid or Medicare funds or other agreements; such list should be updated within thirty days of signing.
While the law allows DOH to issue implementing regulations, DOH has apparently not done so, nor has it issued any guidance clarifying how nursing homes should comply with certain provisions in the law that are somewhat vague, specifically regarding the contract disclosures and maximum rates. If you require assistance regarding compliance with the required disclosure obligations and the information to be publicly disclosed, please contact us to discuss.
DOH has also drafted proposed regulations that would implement various legislation enacted earlier this year, including NY PHL §§ 2828 and 2895-b (profit caps, direct patient care minimum spending ratios, and staffing levels). We are reviewing those proposed regulations and will update clients in a future advisory regarding potential impacts.