- PROPOSED REGS WILL CLOSE ART. 28 P/T CLINICS
- Sample Letter
- MEDICAID HIPAA COMPLIANCE DEADLINE – October 6, 2004
- SECOND ANNUAL NYSACRA LEADERSHIP CONFERENCE
PROPOSED REGS WILL CLOSE ART. 28 P/T CLINICS
The NYS Department of Health (DOH) has proposed new regulations that will effectively close all part-time Article 28 clinics (even those not in group homes) that provide rehabilitation services to people with mental retardation and developmental disabilities. Comments on the proposed regulations are due next week by September 23, 2004. This is a serious and significant change in a series of moves made by DOH to restrict access to services by people with MR/DD. Below is a draft letter that can be used by advocates and agencies to oppose this new regulation. NYSACRA will be working other associations in our advocacy efforts. The State Hospital Review and Planning Council (SHRPC) is meeting in New York City on September 23, 2004, to vote upon the proposed regulation. Send comments to William Johnson, DOH, Division of Legal Affairs, Office of Regulatory Reform, Corning Tower, Rm 2415, Empire State Plaza, Albany, NY 12237; or fax to 518-486-4834 or email to
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.
See
State Register for copy of proposed Regs or
www.nysacra.org/nysacra/Art28Clinics.pdf
MEDICAID HIPAA COMPLIANCE DEADLINE – October 6, 2004
As everyone knows, NYS Department of Health (NYS DOH) has established October 6, 2004 as the HIPAA compliance deadline for submitting electronic claims and other electronic transactions in a HIPAA compliant format. At a meeting yesterday of the OMRDD Provider HIPAA work group, there was discussion about provider readiness as that date fast approaches. The Provider Associations, including NYSACRA, reported that they had not heard of any large-scale issues from their members. If you or your vendors are not successfully transmitting claims “We Need To Hear From You!” so that we can advocate for you.
According to reminders sent out by NYS DOH “after October 6, electronic claims transactions submitted in a non-HIPAA compliant format will not be paid. Other electronic transactions submitted in a non-HIPAA compliant format will not be processed.”
In the near future OMRDD will be setting up a training for providers and vendors that are still working on compliance. We will get you that date as soon as it is set. Several vendors were mentioned as successfully providing service. They are Paul Graham and Fund-EZ.
The NYS DOH and Computer Sciences Corporation are available to provide technical assistance to you and/or your vendors. Do not hesitate to contact them. Updates and help is provided at the following websites:
www.nyhipaadesk.com and at
www.emedny.org.
SECOND ANNUAL NYSACRA LEADERSHIP CONFERENCE
“A Chance To Rebuild & Reinvent” – October 8, 2004 – 9:15am - 4:00pm - Gideon Putnam Hotel, Saratoga Spa State Park, 24 Gideon Putnam Road, Saratoga Springs NY. Ask for the NYSACRA room block and Watch For Detailed Conference Information Soon!!!! A Keynote address will be provided by Sonya Schwartz from Families USA. Families USA is a national nonprofit, non-partisan organization dedicated to the achievement of high-quality, affordable health care for all Americans.
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SAMPLE LETTER |
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Thursday, September 16, 2004
Dear
_________________:
As a
provider that represents (_#_) people receiving services in Article 28
Part-Time Clinics, I am deeply troubled by the recent proposed regulations
that effectively eliminate such services.
Eliminating such services will mean some people will be unable to continue
necessary treatment. There is no alternative location in many places or
it will require significant travel to obtain them. Transportation to the
alternate sites will be problematic in most locations and a complete
impediment to services in others. Furthermore, there is the added cost of
providing such transportation that Medicaid does not reimburse.
The
impact will be significant statewide, but the rural areas will be hardest
hit. Your proposal states that there will be no negative impact, which is
not true. The very nature of rural New York means that many people who
currently receive services in these clinics will lose those services or at
least need to be transported outrageous distances to obtain them.
In
addition, sufficient notice for comment has not been given. Absolutely no
notice was given for this proposed regulation’s adoption. Despite the
fact that the SHRPC Codes Committee meeting is less than a week away, we
had not received any notice or agenda of the meeting. How do you expect
to hear comments about a proposal that no one knows about?
This
detrimental action is contrary to the U.S. Supreme Court’s Olmstead
decision requiring that services be provided in the most integrated
setting, as well as the ADA. This is a serious step in the wrong
direction. People with developmental disabilities need and are entitled
to services in Article 28 part-time clinic settings. The existing
services are in keeping with the intent of the part-time clinic to provide
low risk, routine, and preventive care.
I ask,
why is this being done now, as people with disabilities live longer and
require more service than ever before? Please reconsider this proposal,
so that people with disabilities in NYS can receive the clinical services
they need and are entitled to.
Sincerely, |
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