July 13, 2023

The following Notice ‘clarifies’ a previous Notice, and it provides information re: eligibility for the 4% Human Services COLA that was enacted as part of the April 2023 state budget, as well as Article 28 increases for Institutional and Non-Institutional Services, including hospital outpatient rate changes, fyi.  
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In yesterday’s NY State Register:
PUBLIC NOTICE
Department of Health
Pursuant to 42 CFR Section 447.205, the Department of Health
hereby gives public notice of the following:
The Department of Health proposes to amend the Title XIX
(Medicaid) State Plan for institutional, non-institutional and long-term
care services to comply with statutory provisions. The following
clarifications are proposed:
All Services
The following is a clarification to the March 29, 2023, noticed provision to adjust rates statewide to reflect a 2.5% Cost of Living Adjustment for the following Office of Mental Health (OMH), Office of Addiction Services and Supports (OASAS), and Office for People With Developmental Disabilities (OPWDD) State Plan Services: OMH Outpatient Services, OMH Clinic Services, OMH Rehabilitative Services, Children Family Treatment Support Services, Health Home Plus, Psychiatric Residential Treatment Facilities for Children and
Youth, OASAS Outpatient Addiction Services, OASAS Freestanding (non-hospital) Inpatient Rehabilitation Services, OASAS Freestanding Inpatient Detox Services, OASAS Addiction Treatment Centers,
OASAS Part 820 Residential Services, OASAS Residential Rehabilitation Services for Youth, Intermediate Care Facility (ICF/IDD), Day
Treatment, Article 16 Clinic Services, Specialty Hospital, Health Home Services Provided by Care Coordination Organizations, Independent Practitioner Services for Individual with Developmental Disabilities (IPSIDD), and OPWDD Crisis Services. 
With clarification, the Cost of Living Adjustment will be four percent (4%) and includes
the following services: OMH Outpatient Services, OMH Inpatient Services, OMH Clinic Services, OMH Rehabilitative Services, Children Family Treatment Support ServicesHealth Home PlusPsychiatric Residential Treatment Facilities for Children and Youth, OASAS Outpatient Addiction ServicesOASAS Freestanding (non-hospital)Inpatient Rehabilitation Services, OASAS Freestanding Inpatient Detox ServicesOASAS Addiction Treatment CentersOASAS Part820 Residential ServicesOASAS Residential Rehabilitation Services
for YouthIntermediate Care Facility (ICF/IDD)Day Treatment,
Article 16 Clinic Services, Specialty Hospital, Health Home ServicesProvided by Care Coordination Organizations, Independent Practitioner Services for Individuals with Developmental Disabilities(IPSIDD)OPWDD Crisis Services.

The estimated net aggregate increase in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2023-2024 is $89.8 million.
Institutional Services and Non-InstitutionalThe following is a clarification to the March 29, 2023, noticed provision to adjust inpatient rates for hospital providers, certified under
Article 28 of the Public Health Law, by an additional five percent (5%) across the board increase to the operating portion of the rates.
With clarification, the across the board increase to the operating portion of the rates will now be seven and one-half percent (7.5%) and
includes a non-institutional additional six and one-half percent (6.5%) across the board increase to the operating portion of outpatient rates for hospital providers, for services certified under Article 28 of the Public Health Law.
The estimated net aggregate increase in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2023-2024 is $244.4 million.
Non-Institutional
The following is a clarification to the March 29, 2023, noticed provision for the Assisted Living Program (ALP) and Adult Day Health
Care (ADHC) which stated the Department of Health will adjust rates for these providers by a five percent (5%) across the board increase to
the most recently active Operating rate in effect on 3/31/23. With clarification, the Department of Health will provide a seven and one half percent (7.5%) across the board increase for Adult Day Health Care rates (ADHC) and a six and one-half percent (6.5%) across the
board increase for Assisted Living Program rates (ALP), to the most recently active operating rate in effect on 3/31/23, for each provider.
The estimated net aggregate increase in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2023-2024 is $24.7 million.
Long Term Care Services
The following is a clarification to the March 29, 2023, noticed provision to adjust rates for Nursing Home (NH) providers by a five
percent (5%) across the board increase to the most recently active
Operating rate in effect on March 31, 2023, for each provider. With
clarification, the across the board increase to the most recently active
operating base rates will now be seven and one-half percent (7.5%).

The estimated net aggregate increase in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2023-2024 is $403 million.

The public is invited to review and comment on this proposed State
Plan Amendment, a copy of which will be available for public review
on the Department’s website at http://www.health.ny.gov/regulations/
state_plans/status. Individuals without Internet access may view the
State Plan Amendments at any local (county) social services district.

For the New York City district, copies will be available at the following places:
New York County
250 Church Street
New York, New York 10018
Queens County, Queens Center
3220 Northern Boulevard
Long Island City, New York 11101
Kings County, Fulton Center
114 Willoughby Street
Brooklyn, New York 11201
Bronx County, Tremont Center
1916 Monterey Avenue
Bronx, New York 10457
Richmond County, Richmond Center
95 Central Avenue, St. George
Staten Island, New York 10301

For further information and to review and comment, please contact:
Department of Health, Division of Finance and Rate Setting, 99
Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY
12210, spa_inquiries@health.ny.gov
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