June 17th Newsletter

State Updates

Governor Cuomo Announces Reopening Progress, Forthcoming Legislation Protecting Healthcare Whistleblowers

Today (June 17th), Governor Cuomo held a press conference during which he announced continued progress in combatting the COVID-19 pandemic in New York State, with 1,479 total hospitalizations and 17 deaths reported yesterday. Additionally, of nearly 60,000 individuals tested for COVID-19 yesterday, 0.96 percent received positive results. The Governor announced that the Westchester/Rockland/Hudson Valley region is on track to enter Phase Three of reopening on June 23rd, while Long Island is expected to do so on June 24th. New York City is on track to enter Phase Two on June 22nd as planned. The Governor also announced that he will be signing legislation to protect the rights of health care workers to speak out about improper patient care or workplace safety.

The Governor will no longer be holding daily press conferences after this Friday, June 19th and will instead hold briefings as necessary moving forward.

Additional Birthing Centers Approved

On June 16th, Governor Cuomo and the New York State COVID-19 Maternity Task Force announced that the New York State Department of Health (DOH) will allow midwife-led birthing centers in New York for the first time. DOH has approved two new temporary birthing centers, the Brooklyn Birthing Center and Refuah Health Center, to provide services during the COVID-19 public health emergency. If the sites continue to operate on a permanent basis, a Certificate of Need (CON) will be required. DOH will now accept CON applications for midwifery birth centers to be recognized as Article 28 health care facilities. The establishment of additional birthing sites to help ease the stress of hospitals caring for COVID-19 patients and provide additional labor and delivery options for expectant mothers was authorized in April by Executive Order 202.25 (available here). The Governor’s press release is available here

Updated Guidance Documents

Recently released or updated New York State and City guidance documents are listed below.

Federal Updates

CMS Reopens Direct Contracting LOI Submissions

Today, the Centers for Medicare and Medicaid Services (CMS) reopened the application portal for entities interested in submitting a Letter of Intent (LOI) for the Innovation Center’s Direct Contracting (DC) Model. As announced on June 4th, the implementation of the DC Model has been delayed due to the COVID-19 pandemic, and the first Performance Year (PY 1) will now start April 1, 2021. As a result, organizations that did not earlier submit an LOI may now do so to receive access to the application portal. Organizations may also choose to wait to participate in the second cohort of the DC Model, which will start January 1, 2022. CMS expects that the application period for this cohort will begin in the first quarter of 2021. Submission of an LOI will not be an eligibility requirement to apply for the second cohort. Additionally, all applicants who have been selected for the implementation period in October 2020 or performance period in April 2021 will have the option to defer participation to January 1, 2022 without having to fill out another application.

Applications for the first DC Model cohort are due July 6th. LOIs may be submitted here, and the PY 1 application portal is available here.

HHS Announces Webinars for Targeted Medicaid Distribution Provider Relief Fund Applicants

The Department of Health and Human Services will host two webinars on the application process for the $15 billion Targeted Distribution for Medicaid and Children’s Health Insurance Program (CHIP) providers from the CARES Act Provider Relief Fund. This pool is available for providers who were not eligible for the General Distribution from the Provider Relief Fund (i.e., those who did not bill Medicare fee-for-service in 2019). Organizations may register to participate in the webinar on either of the two dates and times listed below:

  • Tuesday, June 23rd, at 2pm (register here)
  • Thursday, June 25th, at 2pm (register here)