Weekly Health Care Policy Update – January 3, 2023

January 10, 2023

In this update: 

  • Administration Updates
    • White House Releases Plan to Address Homelessness
  • Legislative Update
    • Biden Signs 2023 Omnibus Spending Bill
  • Federal Agencies
    • HHS Publishes Draft Conscience Rule
    • SAMHSA Seeks Public Input on Revised Draft of CCBHC Certification Criteria
    • CMS Finalizes 2023 Basic Health Program Rule
    • FDA Revises Rules on Emergency Contraceptives
    • SAMHSA Distributes $130 Million in 988 Lifeline Grants
    • HHS Releases Hospital Ownership Information
  • Other Updates
    • Judge Rules BCBS Liable for Employer’s Exclusion of Gender-Affirming Care
    • Joint Commission Makes Changes to Quality and Safety Standards
  • New York State Updates
    • Governor Hochul Extends Statewide Disaster Emergency Due to Health Care Staffing Shortages
    • Dr. James McDonald to Serve as Acting DOH Commissioner
    • Governor Hochul Announces Stakeholder Advisory Committee for New York State’s Master Plan for Aging
    • DOH Submits Waiver Request for IMD Short-Term Stays and In-Reach Services Reimbursement
    • CMS Approves New York SPA Authorizing Nutrition Services Provided at Article 29-I Facilities
    • DOH Submits SPAs to Expand Medicaid Eligibility, Increase Rates, and Modify Workforce Requirements
    • DOH Releases Proposed Amendment Adding Measures to the Nursing Home Quality Incentive Program
    • DFS Delays Certain PBM Transparency Requirements Until January 1, 2024
    • OMIG Adopts Regulations Updating Fraud, Waste, and Abuse Requirements
    • Governor Hochul Signs Health Care Bills into Law
  • Funding Opportunities
    • NY Health Foundation Releases RFP to Support OpenNotes Efforts in Non-Hospital Systems
    • DOH Releases SOI for Early Intervention Mediation Support Services
    • NYC Aging Releases RFP for Case Management Services for Older Adults
    • NYC DSS Releases RFP for Emergency Shelter and Support Services for Domestic Violence Survivors
    • NYC HRA Releases Round 4 Open-Ended Scattered-Site Supportive Housing RFP
    • DOHMH Releases RFP for Five New IMT Programs

Administration Update

White House Releases Plan to Address Homelessness
On December 19, 2022, the Biden Administration released “All In: The Federal Strategic Plan to Prevent and End Homelessness,” a plan developed by the U.S. Interagency Council on Homelessness whose goal is to reduce homelessness by 25% by 2025. It also calls on state and local governments to set their own goals for 2025 and to use the federal plan as a blueprint for addressing homelessness in their communities. The plan is built around six pillars: 

  • Equity: Strategies to address racial and other disparities among people experiencing homelessness.
  • Data and Evidence: Strategies to ground action in research, quantitative and qualitative data, and the perspectives of people who have experienced homelessness.
  • Collaboration: Strategies to break down silos between federal, state, local, tribal, and territorial governments and organizations; public, private, and philanthropic sectors; and people who have experienced homelessness.
  • Housing and Supports: Strategies to increase supply of and access to safe, affordable, and accessible housing and tailored supports for people at risk of or experiencing homelessness.
  • Crisis Response: Strategies to help response systems meet the urgent crisis of homelessness, especially unsheltered homelessness.
  • Prevention: Strategies to reduce the risk of housing instability for households most likely to experience homelessness.

In addition to the Strategic Plan release, the Biden Administration announced an initiative to partner with state and local governments to combat homelessness. In early 2023, this cohort of cities and states will receive federal assistance in implementing a “new local strategy over two years” to reduce unsheltered homelessness, including possible regulatory flexibilities and relief.
 
The Administration notes that overall homelessness nationally remained “relatively flat” from January 2020 to January 2022, but unsheltered homelessness rose by 3%. More information on the Strategic Plan and the initiative to partner with state and local governments can be found here.

Legislative Update

Biden Signs 2023 Omnibus Spending Bill
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (H.R. 2617), an omnibus spending bill that provides for $1.7 trillion in discretionary spending by the federal government during federal fiscal year (FFY) 2023, which ends September 30th. Total non-defense spending is $800 billion, up by $68 billion, or 9 percent, over last year. Major health care policy provisions in the bill include: 

  • An extension of the Medicare physician fee schedule bonus of 2.5 percent in 2023 and 1.25 percent in 2024;
  • An extension of Medicare telehealth flexibilities through December 31, 2024;
  • Medicare coverage of behavioral health services provided by licensed marriage and family therapists (LMFTs) and licensed mental health counselors (LMHCs);
  • A phase-out of the Medicaid continuous coverage requirement and associated enhanced matching funds under the Covid-19 public health emergency (PHE), starting April 1st; and
  • Requiring all state Medicaid programs to provide one year of continuous eligibility for children starting January 2024, and making permanent the option for such programs to provide the same option for postpartum women.

The bill contains many other new initiatives and policy changes. SPG has prepared a summary with more details, which is attached and is also available here.

Federal Agencies

HHS Publishes Draft Conscience Rule
On December 29, 2022, the Office of Civil Rights (OCR) at the Department of Health and Human Services (HHS) issued a proposed rule called “Safeguarding the Rights of Conscience as Protected by Federal Statutes.” The proposed rule would largely rescind a Trump Administration regulation, issued in 2019, on the topic of the right of health care practitioners to refuse to provide certain services (such as abortion, sterilization, or assisted suicide) or otherwise take actions for religious or moral reasons. The Trump rule was struck down by three federal courts and never took effect.
 
In issuing its new rule, HHS states that the 2019 rule undermined the balance Congress struck between safeguarding conscience rights and health care access. However, HHS is leaving in place, with modifications, some provisions of the 2019 rule, including complaint handling and investigations, and voluntary notice provisions.
 
HHS seeks comment on its new proposal. In seeking comments, HHS is specifically looking for information on: 

  • The scope and nature of the problems giving rise to the need for rulemaking;
  • Allegations that the 2019 final rule hindered access to information and health services;
  • Complaints of discrimination on the basis that an individual or health care entity did not provide services for the purpose of causing or assisting in the death of any individual, including through assisted suicide, euthanasia, and mercy killing;
  • Complaints of discrimination by a qualified health plan under the ACA on the basis that a health care provider or facility refused to provide, pay for, cover, or refer for abortions;
  • Alleged violations of the conscience provisions provided for in the Medicaid and Medicare statutes and other federal law;
  • Whether the 2019 final rule provided sufficient clarity; and
  • Whether the proposal to retain portions of the 2019 final rule’s enforcement provisions should be accepted.

The proposed rule is available here. The rule will remain open for public comment for 60 days, through March 6th.
 
SAMHSA Seeks Public Input on Revised Draft of CCBHC Certification Criteria
On December 22, 2022, the Substance Abuse and Mental Health Services Administration (SAMHSA) released a revised draft of the Certified Community Behavioral Health Clinic (CCBHC) Certification Criteria for public comment. Key changes to the criteria include, but are not limited to: 

  • Requiring CCBHCs to have a partnership with the 988 Suicide & Crisis Lifeline call center in the CCBHC service area;
  • Clarifying that CCBHCs do not have to prescribe methadone directly and may provide referral to an Opioid Treatment Program to ensure access to methadone;
  • No longer requiring that CCBHCs directly provide four core services;
  • Allowing all CCBHCs (instead of just those operating within a behavioral health professional shortage area) to hire a non-psychiatrist as the medical director;
  • Removing the requirement for a primary care consultation; and
  • Increasing flexibility for the documentation of care coordination partnerships.

The revised draft also clearly delineates the areas where states implementing a CCBHC benefit through their Medicaid program have the scope to add additional state-specific standards. These include additional requirements for staffing, person-centered care planning, and mandatory services to be offered by CCBHCs.
 
The draft is available here. Recommendations and input may be submitted to CCBHCCriteria@samhsa.hhs.gov through January 20th. SAMHSA will host a webinar on January 5th at 2pm providing an overview of the updates, which may be accessed here.
 
CMS Finalizes 2023 Basic Health Program Rule
On December 16, 2022, the Centers for Medicare and Medicaid Services (CMS) finalized its proposed rule on funding for the Basic Health Program (BHP) for 2023. This rule also allows BHP payment notices to be effective for multiple program years, so it will be in effect until CMS proposes a new methodology for the program.
 
The BHP is a provision of the Affordable Care Act (ACA) which allows states to offer coverage to people with incomes under 200% of the federal poverty line (FPL) who are not eligible for Medicaid. In New York, the BHP is called the Essential Plan and offers a $0 monthly premium for coverage that bears similarities to Medicaid coverage, such as including dental and vision without cost sharing. The only other state that offers a BHP currently is Minnesota.
 
Under the ACA, BHP payments to states must equal 95% of the value of the federal premium tax credit and the cost-sharing reductions that would have been provided to BHP enrollees if they had instead enrolled in a Qualified Health Plan (QHP) on the Exchange. States have the option to use the current year or the prior year QHP premiums as the basis for this calculation for greater predictability. They may also choose to implement a retrospective health risk adjustment as part of the methodology, which CMS had proposed to approve by December 31, 2022. Due to the timing of the final rule, states may now submit such a proposal within 60 days of this final rule, and CMS will approve the protocol within 60 days of receipt.
 
The 2023 rule finalizes the following changes included in the proposed rule: 

  • A new Section 1332 waiver adjustment factor, which will adjust federal BHP payments for states with a Section 1332 waiver for QHPs to match the level that would have been provided to the state if they did not have such a waiver. This currently applies to Minnesota, whose Section 1332 waiver is a reinsurance program that reduced premiums on average by 21.3% in 2021. Because the BHP reimbursement is tied to the premium cost of QHPs, Minnesota’s federal BHP reimbursements were reduced by a similar amount. However, they will no longer be reduced if this proposal is finalized. This may allow states to pursue these and other types of Section 1332 waivers without disrupting BHP programs.
  • If a State’s Section 1332 waiver status changes significantly (new waiver, end of a waiver, or a change of more than 5% in the amount that would be paid), States may not elect to use their prior year payments to determine BHP funding.
  • An adjustment to allow CMS to retroactively revise states’ BHP funding in case of an error. CMS found a mathematical error in its calculation of the 2019 BHP funding which significantly reduced BHP funding to states (by about 4 percent).

The final rule is available here and was effective as of January 1st.
 
FDA Revises Rules on Emergency Contraceptives
On December 23, 2022, the Food and Drug Administration (FDA) updated language for emergency contraceptive pills, specifying that they are not abortion drugs because they work by stopping or delaying an egg’s release from the ovary. The update eliminated language suggesting that such drugs could prevent a fertilized egg from implanting in the uterus. The request for the change came from Foundation Consumer Healthcare, the manufacturer of Plan B One-Step, but will also require 11 generic manufacturers to update their language.
 
The FDA’s revision comes in the wake of the Supreme Court ruling in Dobbs v. Jackson, which overturned the national right to abortion. Nine states have excluded emergency contraception from state-funded family planning programs based on Plan B’s previous label. The updated label still notes that Plan B is not for routine contraceptive use.
 
The FDA’s Decisional Memorandum is available here.
 
SAMHSA Distributes $130 Million in 988 Lifeline Grants
On December 16, 2022, SAMHSA announced that it will award over $130 million in 988 Suicide & Crisis Lifeline Grants. The awards include $47 million to states and territories to expand and enhance 988 Lifeline services, $21.1 million in 988 Lifeline Tribal Response Grants, and $64.8 million to the 988 Lifeline administrator to manage and expand access to Lifeline crisis centers, maintain and enhance language-based services, ensure effective system operations, and improve access to specialized care for populations at higher risk of suicide. In total, the Biden Administration has invested almost $500 million in the 988 Lifeline program through funding from the Bipartisan Safer Communities Act and other funding streams.
 
The New York State (NYS) Office of Mental Health (OMH) will receive $2 million under the grant. More information on the grant awards is available here.
 
HHS Releases Hospital Ownership Information
On December 20, 2022, HHS released ownership data for the more than 7,000 hospitals certified to participate in the Medicare program. The data include enrollment information (organization name, type, practice location address, etc.), owner information (organization or individual, direct or indirect owner), and a numerical associate ID for each owner to enable linkage to the enrollment file. The release is part of the Biden Administration’s larger effort to increase transparency and promote competition in health care. HHS hopes that the data will benefit researchers, enforcement agencies, and patients to identify common owners with a history of poor performance, analyze data and trends, and evaluate the relationship between ownership and changes in costs and outcomes. Going forward, the data will be updated monthly.
 
More information on the release, including links to the data, is available here.

Other Updates

Judge Rules BCBS Liable for Employer’s Exclusion of Gender-Affirming Care
On December 19, 2022, Judge Robert Bryan of the U.S. District Court for the Western District of Washington ruled that Blue Cross and Blue Shield (BCBS) of Illinois violated the anti-discrimination provisions of the Affordable Care Act (ACA) when it refused to pay for gender-affirming care as a third-party administrator. In denying the services, BCBS was following the directive of its client, Catholic Health Initiatives of Englewood, Colorado (part of CommonSpirit Health), which objects to gender-affirming care on religious grounds.
 
BCBS argued that it is not subject to the ACA’s anti-discrimination provision, because its third-party line of business does not collect federal funds. Judge Bryan ruled that BCBS must comply with federal laws and regulations prohibiting discrimination on the basis of sex, regardless of its relationship with a religious organization. The ruling requires BCBS to reprocess the claims, end denial of gender-affirming care, and reimburse the plantiff’s family for more than $12,000 in out-of-pocket medical expenses.
 
Joint Commission Makes Changes to Quality and Safety Standards
On December 21, 2022, the Joint Commission announced that, following a comprehensive review conducted in September 2022, it is eliminating 168 standards and revising 14 others across its accreditation programs. The review analyzed each standard for importance to quality and safety, redundancy, and benefit to patient care and health outcomes relative to its time and resource requirement. The Joint Commission’s goal is to “streamline requirements and make them as efficient and impactful on patient safety, quality and equity as possible.”
 
The first tranche of changes, effective as of January 1st, affected standards for accreditation programs as follows: 

  • Hospital: 56 deleted and 4 revised
  • Critical Access Hospital: 37 deleted and 4 revised
  • Ambulatory Health Care: 20 deleted and 1 revised
  • Behavioral Health Care and Human Services: 9 deleted and 1 revised
  • Home Care: 10 deleted and 1 revised
  • Laboratory Services: 6 deleted and 1 revised
  • Nursing Care Center: 12 deleted and 1 revised
  • Office-Based Surgery: 18 deleted and 1 revised

A second tranche of standards is currently under consideration for elimination or revision, with an announcement expected in approximately six months.
 
More information is available here.

New York State Updates

Governor Hochul Extends Statewide Disaster Emergency Due to Health Care StaffingShortages
On December 23, 2022, Governor Hochul issued Executive Order 4.16, which extends through January 22nd the provisions in Executive Order 4 and its successors that reinstated many workforce and scope of practice flexibilities that applied during the original New York State Covid-19 public health emergency. However, certain provisions of the Order have expired, including those related to prior authorization and nursing home staffing and revenue requirements.
 
The Executive Order is available here.
 
Dr. James McDonald to Serve as Acting DOH Commissioner
On December 22, 2022, the NYS Department of Health (DOH) announced that Dr. James McDonald will serve as Acting Health Commissioner following the resignation of current Commissioner Dr. Mary Bassett, which was effective on January 1st. Dr. McDonald will serve as Acting Commissioner until a permanent commissioner is appointed following a national search. Dr. McDonald currently serves as the Medicaid Director of DOH’s Office of Public Health and Interim Director of the Center for Community Health.
 
The DOH press release is available here.
 
Governor Hochul Announces Stakeholder Advisory Committee for New York State’s Master Plan for Aging
On December 22, 2022, Governor Hochul announced the 28-member stakeholder committee tasked with advising on the development of the State’s first Master Plan for Aging. The committee is tasked with considering feedback and input from peer experts in their respective fields via a series of stakeholder engagement sessions. The committee will also engage in regional listening sessions over the coming months, providing an opportunity for the public to provide direct input and proposed solutions. It will then provide advice to the Master Plan for Aging Council on the development of the plan.
 
The list of committee members is available in the Governor’s press release here.
 
DOH Submits Waiver Request for IMD Short-Term Stays and In-Reach Services Reimbursement
On December 21, 2022, DOH submitted to CMS an 1115 waiver amendment request that seeks authorization for federal Medicaid matching funds to reimburse Institutions for Mental Diseases (IMD) for inpatient, residential, and other services provided to Medicaid beneficiaries with serious mental illness (SMI), serious emotional disturbance (SED), and substance use disorder (SUD). As part of this amendment, the State is requesting:  

  • Federal reimbursement for visits at State-operated IMDs and from SUD residential treatment facilities within a 30-day statewide average length of stay, i.e., inpatients discharged from such facilities within 60 days if the average length of stay is less than 30 days. As part of this, the State will transform selected (pilot site) State-run psychiatric hospitals, facilities, and campuses from long-term care institutions to community-based enhanced service delivery systems, offering various services including:  
    • Crisis intervention services;
    • Step-down services to assist with the transition to community residential programs;
    • Recovery centers;
    • Mobile Integration Teams; and
    • The Pathway Home program.
  • Authorization for Medicaid coverage of a targeted set of in-reach services for people with SMI up to 30 days prior to discharge including care management, clinical consultations, peer services, and pharmaceutical management. These services would be available to individuals who do not fall into the 30-day average length of stay cohort, with the goal of increasing the proportion of patients who are effectively discharged from these facilities within 60 days.

The total cost of the amendment is estimated at $268 million over five years. Estimated enrollment is as follows:  

  • IMD Inpatient Services for People with SMI: 450 in year 1, increasing to 1,200 in year 5
  • Residential Services for People with SUD: 2,218 in year 1, increasing to 3,346 in year 5
  • In-Reach Services for People with SMI: 1,600 per year

The State is currently working with advocates and providers to develop an initiative for services for children with SED, and will be submitting a demonstration amendment later this year to add Qualified Residential Treatment Programs (QRTPs) to this request. This will include amending the SMI implementation plan to include QRTPs and other services for children with SED.
 
The waiver amendment is available here and the CMS submission letter is available here.
 
CMS Approves New York SPA Authorizing Nutrition Services Provided at Article 29-I Facilities
On December 16, 2022, CMS approved New York’s State Plan Amendment (SPA) to establish and authorize payment for nutrition services provided to children/youth by foster care agencies licensed under Article 29-I. Services may be provided by a registered dietitian, certified nutritionist, or certified dietitian-nutritionist directly employed by agencies and enrolled in New York Medicaid. The changes are retroactively effective as of July 1, 2022.
 
The SPA is available here. The CMS approval letter is available here.
 
DOH Submits SPAs to Expand Medicaid Eligibility, Increase Rates, and Modify Workforce Requirements
On December 30, 2022, DOH submitted seven SPAs to CMS for approval. The seven SPAs are: 

  • SPA 22-0084 proposes to institute a Nursing Home Vital Access Provider Workforce program to support ongoing workforce challenges. The SPA would be effective on or after October 1, 2022.
  • SPA 22-0087 proposes, in accordance with New York’s 2023 Enacted Budget, to streamline requirements in the Medicaid fee-for-service Utilization Threshold (UT) program by eliminating the requirement for provider-submitted benefit increase requests for certain services and move the monitoring of service utilization from a prospective to retrospective review process.
  • SPA 22-0088 proposes, in accordance with the State’s American Rescue Plan Act (ARPA) spending plan, to add an assessment fee to the Health Home program to ensure that any child who may be in need of Home and Community Based Services (HCBS) will be eligible to receive an HCBS assessment under the Health Home program.
  • SPA 22-0090 proposes to allow Article 29-I Health Facilities to be reimbursed for care and services provided by exempt practitioners who were employed and continue to work in an authorized setting as of June 24, 2022 and who are working under the supervision of appropriately licensed psychologists, social workers, or mental health practitioners.
  • SPA 22-0091 proposes to continue the temporary 25 percent rate increase effective October 1, 2022 for Children and Family Treatment and Support Services (CFTSS).
  • SPA 23-0001 proposes, in accordance with New York’s 2023 Enacted Budget, to update eligibility standards for Medicaid beneficiaries in non-MAGI eligibility categories to match the ACA New Adult level of 138% FPL. It also proposes to expand eligibility for the various dual eligible categories, including: Qualified Medicare Beneficiary (QMB), up to 138% FPL; Qualified Individual (QI), from 138% FPL to 186% FPL; and Qualified Disabled and Working Individual (QDWI), up to 250% FPL.
  • SPA 23-0006 proposes, in accordance with the 2023 Enacted NYS Budget, to allow the postpartum period Medicaid coverage to be extended from 60 days to 12 months.

DOH Releases Proposed Amendment Adding Measures to the Nursing Home Quality Incentive Program
On December 28, 2022, DOH issued a public notice outlining a proposed amendment to add the following four measures to the nursing home quality incentive (NHQI) program measurement set: 

  • Percent of long stay residents with pressure ulcers;
  • Percent of long stay residents with depressive symptoms;
  • Percent of long stay residents who lose too much weight; and
  • Potentially avoidable hospitalizations.

The public notice is available in the State Register here. Public comments may be submitted to spa_inquiries@health.ny.gov.
 
DFS Delays Certain PBM Transparency Requirements Until January 1, 2024
On December 28, 2022, the NYS Department of Financial Services (DFS) issued an emergency amendment to Part 451 of Title 11 of the New York Codes, Rules, and Regulations (NYCRR) that delays until January 1, 2024 certain requirements for Pharmacy Benefit Managers (PBMs). Specifically, the amendment delays requirements included in Public Health Law section 280-a(2) that requires PBMs to: 

  • Disclose and report certain information to health plans related to the pharmacy benefit management services provided to their health plans; and
  • Provide an annual accounting of all funds received by the PBM for pharmacy benefit management services attributable to the health plan.

DFS notes that the delay is necessary in order to maintain the status quo while additional guidance and fully promulgated regulations are effectuated.
 
The DFS notice is available here.
 
OMIG Adopts Regulations Updating Fraud, Waste, and Abuse Requirements
On December 28, 2022, the NYS Office of the Medicaid Inspector General (OMIG) adopted regulations that establish new requirements for providers to detect and prevent fraud, waste, and abuse in the Medicaid program. These regulations implement provisions of the 2020-21 Enacted NYS Budget and the Medicaid program integrity reform initiatives of the second Medicaid Redesign Team (MRT II) and aim to align the state compliance program requirement more closely with the standard used at the federal level. The updated regulations:  

  • Set forth general requirements for providers to adopt and implement a compliance program;
  • Require providers to report, return, and explain overpayments from the Medicaid program, through OMIG’s self-disclosure program; and
  • Require all Medicaid managed care plans to adopt and implement fraud, waste, and abuse prevention programs, including requiring plans with a certain number of Medicaid recipients to establish a special investigation unit (SIU).

The notice of adoption is available in the State Register here.
 
Governor Hochul Signs Health Care Bills into Law
Governor Hochul signed the following health care-related bills at the end of the 2022 legislative session: 

  • S8937/A9604 permits runaway and homeless youth under the age of 18 who are receiving approved crisis or support services to consent to their own medical, dental, health, and hospital care.
  • S8617A/A10045A enhances annual reports prepared by the state long-term care ombudsman program, including requiring an additional report on instances of abuse, neglect, and exploitation.
  • S8618/A9722 requires the Commissioner of Health to schedule or reschedule an FDA-approved drug product using regulatory action upon federal scheduling or rescheduling by the Drug Enforcement Administration (DEA).  
  • S7378A/A8339A requires DOH to publish certain reports on the DOH website detailing sales of opioids sold in the state.
  • S3530A/A3511A amends the definition of “enhanced safety net hospital” to include acute children’s hospitals licensed by DOH primarily for the provision of pediatric and neonatal services that have Medicaid discharges in excess of 50 percent of total discharges.
  • S2521C/A3470C defines facility fees and requires notice prior to billing facility fees if not covered by a patient’s insurance.
  • S906B/A2085A requires most insurance policies to cover colorectal cancer screening without patient cost-sharing.
  • S2534A/A1880A requires home health aides, personal care aides, and nurse’s aides to receive training in working with patients of diverse sexual orientations and gender identities or expressions as part of the education and training for certification.
  • S345/A8419 requires the Office of Addiction Services and Supports (OASAS) to provide training materials to enable the implementation of the screening, brief intervention, and referral to treatment (SBIRT) program.
  • S4640/A273 requires a practitioner to consider and prescribe non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions.
  • S5690/A372 prohibits co-payments for any opioid treatment that includes an opioid agonist treatment medication.
  • S688/A807 requires most insurance policies to cover pre- and post-exposure prophylaxis for the prevention of HIV.

Funding Opportunities

NY Health Foundation Releases RFP to Support OpenNotes Efforts in Non-Hospital Systems
On November 30, 2022, the New York Health Foundation (NYHealth) released a Request for Proposals (RFP) for non-hospital systems seeking to implement OpenNotes, which is a national effort to give patients access to the visit notes written by their doctors, nurses, or other clinicians. Through this RFP, NYHealth will provide non-hospital systems with funding, tools, and technical assistance to effectively implement and share visit notes.
 
The 21st Century Cures Act Information Blocking Rule requires health care providers to share clinical notes with patients free of charge. Accordingly, NYHealth expects that applicants are already making some level of financial investment to implement OpenNotes within their facilities and that funding available through this RFP will accelerate and expand the use of OpenNotes.
 
Applicants may request $50,000 per site for up to two sites ($100,000 in total) to supplement the costs associated with implementing OpenNotes during a 12-month period. NYHealth anticipates awarding grants to up to 16 non-hospital systems. Eligible providers include federally qualified health centers (FQHCs), multi-specialty group practices, hospital-affiliated physician groups, independent physician practices, and other non-hospital health systems. Priority will be given to applicants that are in the early phases of OpenNotes adoption.
 
The full RFP is available here. Applications are due on January 26th. Questions may be submitted to OpenNotesRFP@nyhealthfoundation.org.
 
DOH Releases SOI for Early Intervention Mediation Support Services
On December 28, 2022, DOH issued a Solicitation of Interest (SOI) seeking not-for-profit organizations to administer the provision of early intervention program (EIP) mediation services provided by Community Dispute Resolution Centers (CDRCs) statewide. Eligible applicants must have a professional relationship with, and be currently authorized by, the statewide system of CDRCs to act on their behalf. Contractors will be responsible for: 

  • Serving as the main contact for the CDRCs, which provide the EIP mediation services;
  • Facilitate the EIP mediation services provided by the CDRCs;
  • Providing Technical Assistance to the CDRCs;
  • Ensuring that the CDRCs meet all EIP mediation requirements; and
  • Facilitate at least one information session for CDRCs/stakeholders per calendar year.

Funding will be contingent on the availability of state funds and the number of eligible applicants that respond to the SOI. Contracts will last for five years.
 
The SOI is available here. Responses may be submitted to EIMediationSOI@health.ny.govthrough January 23rd.  
 
NYC Aging Releases RFP for Case Management Services for Older Adults
On December 14, 2022, the New York City Department for the Aging (NYC Aging) released an RFP seeking qualified Case Management providers to perform intake, care planning, follow-up, and monitoring of older adults in the five boroughs. NYC Aging will award over $130.8 million in total funding over the three-year project term across 9-21 contracts, with at least one contract awarded per catchment area outlined in the RFP. The maximum reimbursement for each hour of service provided is $75.31. NYC Aging also anticipates awarding 1-2 citywide specialty contracts, which will be awarded to contractors that make themselves available to all older adults in need and that also identify target populations to serve (i.e., LGBTQ, immigrants, etc.).
 
Applicants may submit a proposal for more than one catchment area. Applicants may also propose to serve either the entire catchment area or propose to serve one or a selection of individual community district(s) within that catchment area. Applicants must have at least five years of experience working with older adults with functional impairments. Contracts will last for three years, starting on July 1st, and may renewed for up to three additional one-year contracts.
 
The RFP is available in PASSPort system by searching “Case Management RFP” here. Applications are due on January 27th. Questions may be submitted to rfp@aging.nyc.govthrough January 16th.
 
NYC DSS Releases RFP for Emergency Shelter and Support Services for Domestic Violence Survivors
On December 15, 2022, the NYC Department of Social Services (DSS) released an RFP seeking one appropriately qualified organization to operate an 85-bed emergency shelter program in a City-owned building for domestic violence survivors and their families. DSS will award over $16.3 million in total funding to one contract over the five-year program period. Payment will be fee-for-service based on an anticipated rate of $110.68 per bed per night.
 
Applicants must be not-for-profit 501(c)(3) organizations with at least three years of experience providing temporary shelter services and support services to survivors of domestic violence and their families, including financial counseling, referrals, assisting with transition to permanent housing, and recreational services for children. Contracts will last for five years, starting on July 1st, with one four-year renewal option.
 
The RFP is available in the PASSPort system by searching “85 bed facility” here. Applications are due on January 25th. Questions may be submitted to eiscontracts@hra.nyc.gov through January 9th. There will be an optional pre-proposal conference on January 9th at 2pm (details available in the RFP).
 
NYC HRA Releases Round 4 Open-Ended Scattered-Site Supportive Housing RFP
On December 15, 2022, the NYC Human Resources Administration (HRA) released an RFP for the operation and maintenance of 6,578 units of scattered-site supportive housing for single adults, adult families, and adult families with children. Anticipated operating costs (inclusive of utilities) may not exceed the City’s designated annual operating rates, less $215 per head of household rent contribution at an expected collection rate of 75 percent annually. The anticipated payment structure is a line-item budget which may be converted to a unit rate.
 
Applicants must be not-for-profit 501(c)(3) organizations with at least five years of relevant experience. Contracts for will last for five years, with the option to renew for up to four additional years.

The RFP documents are available in the PASSPort system here by searching “scattered-site.” The RFP is open-ended and applications will be accepted on an ongoing basis. Questions may be submitted to Bukola Olode at olodeb@hra.nyc.gov.
 
DOHMH Releases RFP for Five New IMT Programs
On December 22, 2022, the NYC Department of Health and Mental Hygiene (DOHMH) released an RFP seeking contractors to open five new Intensive Mobile Treatment (IMT) programs for individuals with recent and frequent contact with the mental health, criminal/legal, and homeless services systems. Contracts will be awarded as follows: 

  • Bronx – 1 contract
  • Brooklyn/Staten Island – 1 contract
  • Manhattan – 2 contracts
  • Queens – 1 contract

Each team will receive $1.5 million in annual funding. The payment structure will be line-item reimbursement. Contracts will last for nine years, starting on July 1st. Applicants must be not-for-profit 501(c)(3) organizations with an existing license from OMH or OASAS.

The RFP is available in the PASSPort system by searching “Intensive Mobile Treatment” here. Applications are due on February 7th. Questions may be submitted to RFP@health.nyc.gov by January 19th with the subject line “IMT Question.” There will be an optional pre-proposal conference on January 12th at 10am. Interested attendees may RSVP to the email address above with “IMT PPC Attendee” in the subject line by January 10th.