Author Archives: Nancy Sciocchetti

Not-for-Profits, Revitalized

On December 18, 2013, Governor Cuomo signed the New York Non-Profit Revitalization Act of 2013 (“NPRA”).  This is the first time there has been a major change in the New York Not-for-Profit Corporation Law since 1970.  The Act aims “to reduce unnecessary and outdated burdens on nonprofits and to enhance nonprofit governance and oversight to prevent fraud and improve public trust.”

Re-Categorization of Corporations Types

The new Act eliminates the categorizations of Type A, B, C, and D corporations.  Nonprofit corporations formed on or after July 1, 2014 will be defined as either a “Charitable” or a “Non-Charitable” corporation. Charitable corporations are any nonprofits with a “charitable purpose,” defined as educational, religious, scientific, literary, cultural, or prevention of cruelty to children or animal purposes. “Non-charitable” corporations are all other corporations formed under the N-PCL.

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AG’s Leadership Committee on Nonprofit Revitalization Proposes Less Bureaucracy and More Transparency for NY Nonprofits

On February 16, 2012, the New York Attorney General’s Office released the recommendations of the Leadership Committee for Nonprofit Revitalization.  The report recommended numerous regulatory changes.  In an effort to make New York a more hospitable environment for nonprofits, the proposals seek to lift the archaic administrative and financial burdens placed on these organizations while restoring public trust and transparency in their leadership. Continue reading

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Preliminary New York State Health Home Rollout Plan Released

On January 26, 2012, New York State Department of Health (DOH) published a preliminary rollout plan for Health Home implementation on their website.  As we previously reported, the Public Health and Health Planning Council (PHHPC) of the DOH approved an emergency rule to lift the State’s moratorium on accepting applications for new CHHAs.

The Preliminary Rollout Plan divides the Health Home population into four “mutually exclusive” patient categories based on illness or disability, including:  Developmental Disabilities, Long Term Care, Mental Health and/or Substance Abuse, and All Other Chronic Conditions.  The DOH believes this model takes into account the unique needs of these four patient groups and the current service delivery structures, in order to specifically tailor Health Home care management.

Overall Rollout Continue reading

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New York State Department of Health Publishes Requests for Applications for Certified Home Health Agencies

On Thursday, January 26, 2012, the New York State Department of Health, Division of Home and Community Based Services, issued a Request for Applications (RFA) for organizations interested in becoming established as a certified home health agency (CHHA), pursuant to recently adopted regulations at 10 NYCRR Section 760.5(l).

The RFA is available on the DOH Website.

Questions are due February 3, 2012. Applications are due March 9, 2012.

Submitted RFAs will be scored competitively based on demonstrated need, ability to coordinate care, advancement of the goals of the Medicaid Redesign Team, among other criteria.  There is no date by which the Department will complete its review of submitted applications, although the Department has stated its intention to proceed on a timely basis.

This post was contributed by Nancy Sciocchetti.

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New York Legislature Passes Certificate of Need Reform Bill

On Friday, June 17, 2011, the New York State Assembly approved the Certificate of Need (“CON”) reform bill (A7665B), which already passed the Senate two weeks ago. The bill now rests on Governor Cuomo’s desk for signature.

The CON reform bill eliminates the requirement for prior approval of many categories of facility repair and maintenance construction projects, regardless of cost.  In certain circumstances, facilities will still be required to provide written notice to the Department of Health of the project, including a written certification from a licensed architect or engineer that the project meets all applicable statutes, codes, and regulations. Continue reading

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New York State Department of Health Begins Accepting Applications for Managed Long-Term Care Providers

On Tuesday, June 14, 2011, the New York State Department of Health (DOH) launched part of Governor Andrew Cuomo’s Managed Long-Term Care Plans (MLTCP) and announced that it is now accepting applications from eligible organizations, pursuant to Article 4403-F of the Public Health Law.  This initiative seeks to redesign New York’s Medicaid system in ways that will decrease costs while still improving the quality of care provided to New Yorkers. Continue reading

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Filed under Announcements, Long Term Care

First Meeting of the Public Health and Health Planning Council

The Public Health and Health Planning Council, whose first meeting scheduled for June 2 never took place, has rescheduled its first business meeting for tomorrow, Thursday, June 9, 2011.  At this meeting, the PHHPC is expected to adopt bylaws, elect the Vice Chair, populate its Committees, adopt a 2011 calendar, and adopt guidelines for the meetings’ observers and participants. Continue reading

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Governor Cuomo Announces, and Senate Confirms, the New Public Health and Health Planning Council

Governor Andrew Cuomo announced nominations for the newly established Public Health and Health Planning Council (“PHHPC”) early last week.  The members of the former Public Health Council will be joined by twelve new appointees confirmed by the Senate on Tuesday to create the new Council, consisting of a twenty-four member committee plus the Commissioner of Health. Continue reading

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NYS Department of Health Announces Plan to Add Community First Choice Option to State Medicaid Plan

On March 18, 2011, Commissioner of Health, Nirav R. Shah, M.D., M.P.H., announced that the Health Department would begin the process of amending the State Medicaid Plan to add a new federal model for community based long term care.  The new program, called the Community First Choice Option, will be targeted at providing long term care to elderly and disabled populations in individual homes and community-based residences.

The Community First Choice Option was added to the federal Medicaid statute by Sec. 2401 of the Patient Protection and Affordable Care Act of 2010, Pub. L. 111-148 (“ACA”).  It is intended to expand upon the existing personal care services available under the ACA, including consumer-directed services and home and community based service waiver programs.  To be approved, states must offer the program on a statewide basis, and “without regard to the [beneficiary’s] age, type or nature of disability, severity of disability or the form of home and community-based attendant services and supports that the individual requires in order to lead an independent life.” ACA § 2401. Continue reading

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Filed under Health Care Reform, PPACA