Colleen R. Pierson

Jul 17, 2024 | garfunkelwild.com | Colleen R. Pierson

On July 16, 2024, the New York State Department of Health (DOH) announced in a letter to nursing home administrators that nursing homes across the state will receive an additional 1% increase in their Medicaid rate after receiving Centers for Medicare and Medicaid Service (CMS) approval. In 2023, New York State approved a 7.5% increase in Medicaid rates; however, DOH has only been able to implement a 6.5% increase because CMS approval was needed for the remaining 1% increase.

May 24, 2024 | garfunkelwild.com | Colleen R. Pierson

The Mandate being challenged was issued by CMS on April 22, 2024. Among other things, the Mandate replaces the statutory requirement that nursing homes “use the services of [an RN] for at least 8 consecutive hours a day, 7 days a week,” with a new requirement that they “have a registered nurse (RN) onsite 24 hours per day, for 7 days a week that is available to provide direct resident care” (the “24/7 RN requirement”).

Mar 4, 2024 | garfunkelwild.com | Colleen R. Pierson

Garfunkel Wild has seen a significant increase in nursing homes being cited for Life Safety Code (LSC) deficiencies by the New York State Department of Health (DOH). These deficiencies are being cited either as part of a recertification survey or an LSC survey. The difficulty achieving substantial compliance or obtaining a waiver places nursing homes at risk for termination from Medicare and Medicaid, denial of payments, and monetary penalties.

Nov 21, 2023 | garfunkelwild.com | John Martin |Colleen R. Pierson

During the past year, the New York Attorney General (AG) has brought five cases against nursing homes alleging poor care and seeking, among other things, tens of millions of dollars in restitution for what the AG alleges is Medicaid and Medicare Fraud.