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Nursing Home Update, March 3, 2023

(1) 20% Medicaid Rate Increase: Here is a link to a February 28, 2023 Upstate news article:

(2) Vaccine Mandate Case Update:

a. A New York Appellate Division, Fourth Department decision from February 27, 2023 will allow the State to continue to enforce its health care staffing mandate pending appeal. Here is an update from Leading Age:

(3) The End of the Federal Public Health Emergency (May 11, 2023):

a. Here is a link to the updated Long Term Care Facilities Waiver page (updated as of February 24, 2023):

b. Here is a link to the general CMS Waivers page relating to the end of the Public Health Emergency – “What Do I Need to Know.” This document is dated February 27, 2023. In particular, it touches on Medicare and telehealth waivers and nurse aide training for nursing homes:

c. Here is a summary of what the end of the Public Health Emergency will mean for nursing homes from Leading Age:

d. The federal Drug Enforcement Administration just announced (February 24, 2023) proposed rules for permanent telemedicine flexibilities – specifically the prescribing of controlled substances via telemedicine:

(4) COVID-19 Update:

a. The FDA announced on February 24, 2023 the first over the counter at-home test that can detect both influenza and COVID-19. Here is a link to the announcement and details:

b. On February 28, 2023, NYS DOH issued a Health Advisory specifically to hospitals, diagnostic and treatment centers, physician offices, dental offices, local health departments, and office-based surgery practices. The Advisory provides updated guidance regarding elective surgery pre-procedure testing for COVID-19. While not directly applicable to nursing facilities and adult care facilities, it may impact residents with surgical needs. Here is a link:

(5) Requirements for Long Term Care Facilities—CMS:

a. CMS has updated some of its State Operations Manual and Survey Resources in February, 2023 and here is a link to the updated materials main page:

(6) Emergency Preparedness: The United States Senate recently released a report on nursing homes and emergency preparedness, specifically in relation to the 2021 Texas Blackout, but it provides a lot of useful facility information:

(7) Nursing Home False Claims Act Settlement: The federal Justice Department and New York Attorney General’s office announced a settlement agreement on February 27, 2023 with a landlord and numerous entities and individuals involved in the operation of Saratoga Center for Rehabilitation in Ballston Spa, New York. The parties agreed to pay $7,168,000 to resolve allegations they violated the False Claims Act by submitting false claims to Medicaid for “worthless services” provided to facility residents. The facility has since closed. Here is a link to the announcement:

(8) Nursing Home Administrator Acquittal – Florida overheating deaths: A Florida judge this week refused to reconsider the acquittal of a nursing home administrator in the overheating deaths of 9 residents after Hurricane Irma knocked out the facility’s air conditioning in 2017. Here is an article with more details:

(9) New York State Department of Health Developments:

a. Acting State Health Commissioner Dr. James McDonald provided testimony on Governor Hochul's Executive Budget on February 28, 2023. Here is a link to the written testimony:

b. Governor Hochul announced $200 million to expand emergency departments in Queens and Rochester:

(10) HIPAA Compliance Update:

a. Here is a link to a proposed HIPAA rule that focuses on adopting standards for “health care attachments” transactions, which support health care claims, as well as a standard for electronic signatures to be used in conjunction with health care attachments transactions. The comment period remains open through March 21, 2023:

b. Here is a link to two reports to Congress on HIPAA compliance and breaches of unsecured protected health information. They will be useful to review in connection with a facility's HIPAA compliance activities (especially with respect to cybersecurity safeguards):

Our firm has extensive experience counseling employers/businesses and others on statutory requirements, as well as preparing and implementing applicable policies. Please note that any embedded links may expire in the future. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.

Nursing Home Updates- March 3, 2023
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2023 Law Offices of Pullano & Farrow PLLC


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