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MEMBER ALERT

November 14, 2012

 

Governor Issues Executive Order with Further Regulatory Relief for Hurricane-affected Health Providers

HCA continues to seek additional relief, including details from the state on a process for providers to apply for cash assistance in cases of hardship

 

Governor Cuomo has issued Executive Order No. 72 that provides further relief to home care and other health care providers affected by Hurricane Sandy. This order follows numerous discussions held by HCA and the state Department of Health (DOH) on ways to provide regulatory relief to home care agencies adversely impacted by the hurricane.

 

The Executive Order is at http://www.governor.ny.gov/executiveorder/72.

 

Some of the relief measures permit:

 

Initial patient visits for certified home health agencies (CHHAs), long term home health care programs (LTHHCPs) and AIDS home care programs serving individuals affected by the disaster emergency to be made within 48 (instead of 24) hours of receipt and acceptance of a community referral or return home from institutional placement;

 

CHHAs, LTHHCPs, AIDS home care programs, and licensed home care services agencies serving individuals affected by the disaster emergency to conduct in-home supervision of home health aides and personal care aides as soon as practicable after the initial service visit. (Federal regulations require supervisory visits every two weeks for skilled care and every 60 days for non-skilled care while state regulations require supervision of personal care aides every 90 days);

 

CHHA, LTHHCPs, AIDS home care programs and licensed home care services agencies serving individuals affected by the disaster emergency to obtain medical orders signed by authorized practitioners within 60 (instead of 30) days;

 

A physician's order to be completed and forwarded to the social services district within 60 (instead of 30) days after the medical examination of a patient affected by the disaster emergency;

 

An additional 30 days for reauthorizations of personal care and consumer directed personal assistance program services for individuals affected by the disaster emergency, where the authorized period of services otherwise would terminate during the period of the disaster emergency;

 

Training for personal care workers serving individuals affected by the disaster emergency to be held as soon as practicable after the conclusion of such period, where such training otherwise would be required during the period of the disaster emergency, provided that such workers have sufficient competence to provide such services; and

 

Nursing supervision visits for personal care services provided to individuals affected by the disaster emergency to be made as soon as practicable. (The state requirement is every 90 days.)

 

This Executive Order follows Order No. 64 that allows home care agencies in the affected areas to provide services outside their geographic area. That order is at http://www.governor.ny.gov/executiveorder/64.

 

These relief measures are in addition to certain regulatory requirements that the U.S. Centers for Medicare and Medicaid Services (CMS) has agreed to waive, including the time frames, frequency and depth of the OASIS; and the frequency of nurse supervision related to home health aides. These, including hospice provisions, are outlined in a DOH Dear Administrator Letter here.

 

HCA is working with DOH to secure additional regulatory relief and financial assistance for impacted providers and will keep members updated on these activities.

 

FEMA Resources Available for Organizations, Patients and Staff

 

As home care agencies, patients and staff join their communities in the ongoing recovery process from Hurricane Sandy, HCA has also today obtained information on critical resources for providers to seek assistance from the Federal Emergency Management Agency (FEMA) on behalf of your organizations and the people you serve.

 

This information is posted on HCA's Home Care Prepare site here.