May 19th Newsletter

State Updates

Governor Cuomo Announces Hospital Visitation Pilot, Approval for Elective Surgeries in Nassau County

Today (May 19th), Governor Cuomo held a press conference during which he announced a new hospital visitation pilot program that will allow increased visitations for family members and loved ones. The two-week pilot, which will be run by the Greater New York Hospital Association (GNYHA) and the Hospital Association of New York State (HANYS), will allow for time-limited visits as long as visitors wear personal protective equipment (PPE) provided by the hospital and agree to symptom and temperature checks. The following 16 hospitals will participate in the pilot:

  • Northwell Plainview, Huntington, and Lenox Hill Hospitals
  • New York Presbyterian Lower Manhattan
  • NYU Langone Orthopedic Hospital
  • Mount Sinai Hospital and Mount Sinai Queens
  • Jacobi Medical Center 
  • Montefiore Henry and Lucy Moses Campus
  • Coney Island Hospital
  • Maimonides Medical Center 
  • Roswell Park Cancer Institute
  • St. Joseph’s Hospital Health Center
  • Westchester Medical Center
  • Bassett Medical Center 
  • Albany Medical Center

The Governor also announced that providers in Nassau County are now able to resume performing elective surgery and ambulatory outpatient services. Addressing the upcoming Memorial Day weekend, the Governor said that local governments will be able to permit ceremonies with 10 or fewer people. Vehicle parades in honor of veterans will also be permitted.

Updated NYC Reporting Requirements for Multisystem Inflammatory Syndrome in Children

On May 18th, the New York City (NYC) Health Department released a health advisory (available here) on reporting Multisystem Inflammatory Syndrome in Children (MIS-C) associated with COVID-19 (previously referred to as Pediatric Multisystem Inflammatory Syndrome). The guidance requires all cases of suspected MIS-C to be reported to the NYC Health Department by calling the Provider Access Line at 866-692-3641. The City’s reporting and clinical/laboratory criteria align with New York State’s criteria (available here); however, the City does not require epidemiologic evidence of possible SARS-CoV-2 exposure because all NYC patients meet the epidemiologic criteria given the higher prevalence of COVID-19 in NYC. The City guidance also differs from the State guidance by requiring providers to report all suspected cases, regardless of laboratory evidence of SARS-CoV-2 infection. Reporting to the NYC Health Department is required in addition to reporting to New York State via the Health Electronic Response Data System (HERDS).

DOH Releases Q&A on Providing Adult Social Day Care Services Telephonically

On May 16th, the New York State Department of Health (DOH) released a Questions and Answers (Q&A) document (available here) on providing Adult Social Day Care (SDC) services telephonically, on which DOH released guidance last month (available here). The Q&A clarifies that Medicaid Managed Care Plans (MMCP), including Managed Long Term Care (MLTC) Plans, are required to cover telehealth/telephonic delivery of SDC services included in the benefit package. However, MLTC plans may negotiate rates for the range of SDC services that their contracted providers provide via telehealth/telephone, and MLTC plans may review and approve the providers’ plan for providing SDC services telephonically. The Q&A also clarifies that members may elect or decline to receive SDC services via telehealth/telephone and indicates that the SDC provider may offer home-delivered meals if approved by the MLTC plan.

Updated OASAS Guidance Documents

Last week, the Office of Addiction Services and Supports (OASAS) released the following COVID-19 guidance documents:

Federal Updates

CMS Releases Guidance for Reopening Nursing Homes

On May 18th, CMS released new guidance for state and local officials regarding the safe reopening of nursing homes. Specifically, it outlines steps that nursing homes and communities should take prior to relaxing restrictions implemented to prevent the spread of COVID-19, including infection prevention and control, adequate testing, and surveillance. The document also provides recommendations for officials in determining the level of mitigation needed in nursing homes, and examples of how states might implement the recommendations, such as:

  • Requiring all facilities to go through each phase at the same time (i.e., waiting until all facilities have met entrance criteria for a given phase).
  • Allowing facilities in a certain region (e.g., counties) within a state to enter each phase at the same time.
  • Permitting individual nursing homes to move through the phases based on each nursing home’s status for meeting the criteria for entering a phase.

The guidance is available here.