Update on Funding, Testing, and Certification Process

Esq. Stephen B. Hanse

NYSHFA/NYSCAL is actively working on numerous issues related to the COVID-19 pandemic impacting providers, including the following:

  1. Funding for COVID-19 costs: There is $100B still available at the federal level to support this pandemic. AHCA actively seeking $10B for Skilled Nursing Facilities (SNF) to help offset the significant COVID-19 expenses and loss of revenue. Money is expected to be distributed as early as the end of this week. This will be an initial payment to facilities. Then as specific SNF data is uploaded to CDC’s National Health Care Safety Network (NHSN), they will determine payments based on the numbers of COVID-19 cases and their estimate of costs. AHCA is also identifying the future financial support needed to meet ongoing infection control issues. 

  2. Administrator/Operator Owner Certificate of Compliance:  EO 202.30 directs the LNHA and the Owner/Operator of each SNF to sign a Certificate of Compliance by Friday, May 15, 2020. NYSHFA, with legal Counsel, is sending out in a separate e-mail sample Administrator/Operator Certification of Compliance language you may wish to consider replacing the current Department of Health Administrator/Operator Certification of Compliance language with the attached sample in its entirety when responding to the Friday, May 15th DOH requirement regarding compliance with E.O. 202.30 and all DOH directives.
  3. Research on COVID-19: AHCA also has been in contact with Harvard and Brown Universities who have been researching any correlation between potential poor care in SNF and outbreaks of COVID-19. Their research is not demonstrating this type of correlation. It is, however, demonstrating a correlation between the community an individual live in and the volume of individuals who live in communities. The higher the number of individuals living in a community, the higher levels of COVID-19.

  4. Family Visitation: AHCA is working on a plan with steps/phases to safely open resident visitation and will be working with CMS on this initiative.
  5. Testing: AHCA ‘s May 12, 2020 Update # 66, provides clear descriptions of the types of tests available and provides recommendations for COVID-19 testing. AHCA recommends providers use PCR tests to diagnose active COVID-19 infection by detecting the RNA genetic material in the COVID-19 virus. PCR tests are collected though a nasal or throat swab and the testing of the specimen is usually done in a lab (with the exception of several point of care devices on the market). DOH noted today, on their infection control webinar, that PCR testing is the most valid test for detecting the active COVID-19 virus. 


Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11