Bed Hold Regulations Proposed

Esq. Stephen B. Hanse and Nancy Leveille in Legislative, Clinical & Quality

The Department of Health issued a proposed rulemaking today that would, among other things, require skilled nursing facilities to reserve the same bed in the same room without receiving a reserved bed payment for a “specified number of days” during a Medicaid recipient’s temporary hospital stay.

As you may recall, the 2017-18 Enacted State Budget repealed §2808(25) of the Public Health Law effective April 1, 2017 relating to Medicaid reimbursement for reserved bed days due to hospitalization leaves. Notwithstanding this action, the Department of Health continued to reimburse skilled nursing facilities for reserved bed days pursuant to the law as it existed before April 1, 2017 and continues to do so now. The proposed rulemaking does not require repayment of these reimbursements.

The Department of Health is receiving comments on its proposed rulemaking to require providers to reserve the same bed in the same room without receiving a reserved bed payment until April 16, 2018. NYSHFA will be submitting comments to the Department on this proposed rulemaking and is reviewing the matter with legal counsel. 

NYSHFA CONTACT: 

Stephen B. Hanse, Esq.
President & CEO
(518) 462-4800, xtn. 11

Nancy Leveille, RN, MS
Executive Director
(518) 462-4800, xtn. 20