Latest Status of Proposed New York Nursing Home Reform Legislation

Latest Status of Proposed New York Nursing Home Reform Legislation

Latest Status of Proposed New York Nursing Home Reform Legislation

As you are no doubt aware, the New York State Governor, the State Senate and the State Assembly have each recently introduced numerous bills aimed at reforming the New York nursing home industry, some with the potential to have drastic effect on the viability of the industry’s future. As we continue to monitor the status of the various proposals and we develop and evaluate potential legal challenges (depending on the passage of any bills into law), it is important that you remain aware of the status of the various bills and develop a strategy to lobby your representatives, for appropriate measures and against inappropriate ones.

Therefore, below is a reference chart that lists each key bill, summarizes its intent, and links to a website that tracks its status.

NY AG Fires its Shot Across the Bow Against the NY Nursing Home Industry

 NY AG Fires its Shot Across the Bow Against the NY Nursing Home Industry

They say the best defense is a good offense. New York State has decided to adopt this strategy in an attempt to deflect blame for its own policy mistakes during the current pandemic. With its newly published Report, the NY AG makes quite clear that she is looking to use COVID as a pretext to launch a take-no-prisoners war on NY’s for-profit nursing home operators.

Major Changes to Anti-Kickback Statute (AKS), Stark Law, and Civil Monetary Penalty (CMP) Law Benefiting Providers

Major Changes to Anti-Kickback Statute (AKS), Stark Law, and Civil Monetary Penalty (CMP) Law Benefiting Providers

There is good news for health care providers this holiday season with HHS’s recent announcement of numerous revisions liberalizing the AKS, Stark and CMP Laws. Among the helpful changes are modifications to the popular AKS personal services and management contracts safe harbor for part-time arrangements, and new AKS safe harbors and Stark exceptions for care coordination activities that could benefit post-acute care providers.

Increase Expected in Nursing Home Staffing Surveys and Other Recent News

Increase Expected in Nursing Home Staffing Surveys and Other Recent News

The Centers for Medicare & Medicaid Services (CMS) has announced that it will use payroll-based journal (PBJ) data to identify nursing homes that have several days in a quarter without a registered nurse (RN) on site, or have a significant decline in staff on the weekends.  The States will be required to inspect such facilities and cite any non-compliance resulting from such surveys.

SNF FY2019 Final Payment Rule

SNF FY2019 Final Payment Rule

CMS has released its finalized FY 2019 skilled nursing facility payment rule, to be effective 10/1/19.  As anticipated, this will include the new Patient-Driven Payment Model (PDPM) replacing the Resource Utilization Group, Version IV (RUG-IV).  The new rule is intended to simplify and reduce reporting costs and to result in a net increase of $820M in funding for SNFs.