The Department of Public Health (DPH) in April 2021 adopted revisions to the LTCF licensure regulations that included a provision that facilities must meet a requirement to have no more than 2 beds in a room by April 30, 2022. The regulations included a provision allowing facilities unable to fully comply to demonstrate that they have made good faith efforts to try to comply with the regulation by the deadline. DPH on October 29, 2021 issued a memorandum providing guidance on ‘good faith’ efforts for facilities to meet the April 30, 2022 regulatory resident bedroom 2-bed maximum requirement and indicated that it would provide an attestation from that nursing facilities can submit to DPH. DPH has now posted the ‘Attestation Form its website at Nursing Home Good Faith Efforts Attestation.
In the DPH October 29, 2021 guidance, examples of good faith efforts to comply include, but are not limited to:
- If applicable, submission of an application with the Determination of Need program by March 31, 2022 that is deemed complete by the Determination of Need program and assigned a filing date by April 30, 2022, or the issuance of a Determination of Need;
- Completion of the applicable Plan Review application(s), submission of all related forms and documentation by January 17, 2022, including architectural plans that meet the Plan Review requirements;
- Written agreements with contractors who will oversee the construction project and implementation of the building plans; or
- Applications submitted and all required permits related to the construction plans (including building, electrical, plumbing, mechanical, and use permits) issued by the applicable permitting authorities.