DOH Certification Guidance

Esq. Stephen B. Hanse in Clinical & Quality

NYSHFA/NYSCAL is aware of the letter sent today to all skilled nursing and adult care facilities from Jennifer Treacy (see attached) setting a deadline of 7:00 pm this evening for the submission (without any changes) of the executed original certification form sent out last week by DOH (see attached) pursuant to the Governor’s Executive Order # 202.30. 

If administrators and operators are comfortable that they can truthfully state that they are in compliance with the Order, as well as all other applicable Executive Orders and directives of the Commissioner of Health, then they can sign the certification form and submit it. If they submit such a form, however, and the statements turn out to be proven false, they could be subject to criminal penalties for having made a false statement. Note that any such certification applies only to matters up through today and does not apply to future actions. Neither NYSHFA/NYSCAL nor any lawyer can counsel a person to knowingly sign a certification that is false.

As you are aware Ms. Treacy’s letter also threatens that if facilities fail to submit the certification, DOH will initiate legal proceedings before an Administrative Law Judge that could result in fines and or potential licensure revocation. We do not believe, however, that a person or entity can be penalized for merely refusing to sign any such certification. If and when DOH initiates any such proceeding, facilities will be given the opportunity to raise their legal defenses before any final determination sanctions could be imposed. 

In the meantime, NYSHFA/NYSCAL remains in discussions with the Governor’s office and the DOH regarding this matter and will keep you advised.

NYSHFA/NYSCAL CONTACTS:

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