JK - New Microphone
MEMBER ALERT

November 6, 2012

 

Governor Issues Executive Order Authorizing Home Care Service Flexibility

DOH also issues new, late-night survey request, prompting HCA and provider concerns to DOH and further HCA-obtained guidance this morning

 

Governor Cuomo has issued Executive Order No. 47 "temporarily suspending and modifying" certain regulatory provisions in home care due to the state of emergency caused by Hurricane Sandy.

 

HCA has been working nonstop with the Department to identify areas for urgent regulatory flexibility for home care providers, including and beyond the areas addressed in this newest Order, the progress on which is needed and appreciated.

 

Executive Order No. 47 specifically relates to services provided by a New York State licensed home care provider outside the agency's geographic area and the provision of services by out-of-state home care agencies, subject to certain conditions.

 

Executive Order No. 47 can be read at http://www.governor.ny.gov/executiveorder/64. It is applicable from the start date of the declared state of emergency, on October 26, until further notice.

 

On the issue of providing services outside an authorized service area, the Order temporarily suspends:

 

Article 36 and Article 40 of the Public Health Law, and any associated regulations, to the extent they limit the provision of services by entities licensed or certified under such articles to the geographic areas approved pursuant to such licenses or certifications and any underlying establishment or construction applications, so that such entities may serve patients who are located outside such approved geographic areas and who are in need of services during the disaster emergency but remain in the counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester.

 

The Order also suspends Articles 28-E and 36 of the Public Health Law and Article 139 of the Education Law so that:

 

Home health agencies which are not approved to operate in New York State may nonetheless provide such services pursuant to a contract with the Federal Emergency Management Agency ("FEMA") for the purpose of serving individuals within the counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester, as long as the employees providing services pursuant to such FEMA contract are themselves licensed or certified, as applicable, in other states and are in good standing in such states, possess the appropriate training and competence required by applicable federal regulations and otherwise act only within the scope of their practice and expertise.

 

HCA is seeking further information from the Governor's office regarding the procedures for facilitating these services through FEMA and will notify the membership of any clarification.

 

HCA and our contract advocacy firms have been working closely with Cuomo Administration officials and the state Department of Health throughout the past several days to pursue broad regulatory relief for home care providers coping with the logistical challenges of Hurricane Sandy and its aftermath. The Governor's Executive Order extends important relief for providers needing to serve patients who have been displaced to other regions by evacuation orders. In addition to the flexibility allowed under this Executive Order, HCA is also continuing to seek a statement of explicit relief for providers in other areas of regulation to assist the home care community in meeting the needs of patients, staff and their operations.

 

HCA is expecting to receive information shortly from the Department related to additional regulatory relief. This is expected to include relief in a number of areas, such as contracting, assessment and reporting requirements. HCA will provide this information and any definitive guidance from the Department as soon as we receive it.  

 

Two important updates on New DOH survey

 

In response to Hurricane Sandy and in anticipation of the forecasted Nor'easter, the state Department of Health last night, under the direction of Health Commissioner Dr. Nirav Shah, distributed a request for information to all health care providers, including home care, asking for information related to patient contact and location. 

 

HCA has been contacted by many providers stating they will be unable to complete the required excel spreadsheet by the close of business today due to their time being spent in addressing the urgent effects of Hurricane Sandy and preparation for the next storm. 

 

HCA relayed these concerns to the Department this morning, and Department officials have indicated they understand the difficulties home care agencies face in providing the required patient information but ask that providers do the "best they can" to submit information in the required excel format. Alternative formats will not be accepted; however, the Department recommends that it would be acceptable for providers to first submit a list of patients who have NOT currently been located. If all patients have been accounted for, the agency can state this information on the excel sheet (by merging the cells) and sending the completed survey later.

 

Also, HCA has today confirmed that Licensed Home Care Services Agencies (LHCSAs) need only report on patients for which they have primary case-management responsibility. Therefore, LHCSAs contracting with Certified Home Health Agencies (CHHAs), Long Term Home Health Care Programs (LTHHCPs) or Managed Long Term Care (MLTC) plans need not report for patients served under those contracts, as those patients are to be reported by the respective CHHA, LTHHCP or MLTC with case management responsibility.  

 

For additional information regarding the survey, contact the Department's Help Desk at (518) 473-1809 or [email protected].