On July 30, the New York State Department of Health (DOH) issued revised emergency regulations on Hospital and Nursing Home Personal Protective Equipment (PPE) and the Surge and Flex Health Coordination System Activation During a State Disaster Emergency (Surge & Flex). Last month, GNYHA submitted written comments to the Public Health and Health Planning Council’s Codes Committee expressing general support for the revisions. GNYHA is currently analyzing the regulatory provisions—in particular, the new PPE calculation methodology—and discussing these changes with DOH staff.
The revised PPE emergency regulations reduce the PPE stockpile requirement for hospitals from 90 days to 60 days. (The updated nursing home PPE stockpile requirement remains at 60 days, though the calculation methodology has been revised.) The emergency regulations provide new calculation methodologies for both the hospital and nursing home PPE stockpile requirements. The calculations for the hospital PPE stockpile requirement for each item of PPE are based on the formulas detailed below.
Based on conversations with DOH staff, GNYHA’s understanding is that these amounts will replace the existing April 2020 baseline amounts currently in place. However, DOH plans to provide additional guidance to facilities regarding the baseline calculations. Until such time, GNYHA advises members to adhere to the baseline calculations below to the best of their ability when submitting PPE data each Wednesday. If you have questions regarding your PPE submission, please contact Scott Gaffney for assistance.
| Item | Calculation |
|---|---|
| Gloves | For single gloves, 15% multiplied by the number of the hospital’s staffed beds as determined by DOH multiplied by 550 |
| Gowns | For gowns, 15% multiplied by the number of the hospital’s staffed beds as determined by DOH multiplied by 41 |
| Surgical Masks | For surgical masks, 15% multiplied by the number of the hospital’s staffed beds as determined by DOH multiplied by 21 |
| Respiratory Protection | For N95 respirator masks, 15% multiplied by the number of the hospital’s staffed beds as determined by DOH multiplied by 9.6 |
Additionally, the revised Surge & Flex emergency regulations set forth the following key changes:
- The DOH Commissioner may direct an increase in acute care beds and/or change the service categories of certified or otherwise approved beds by “up to 50%.” However, the directive to increase bed capacity shall be “incremental and geographically targeted.” In the event of such a directive, hospitals have seven days to meet the increased bed requirement. (In the prior version of the Surge & Flex emergency regulation, the Commissioner was also authorized to direct an increase in bed capacity up to 100% within 30 days of such a directive.)
- The Commissioner may direct hospitals to reduce elective procedures “by up to 100%.” (This is a slight change in wording from the prior version of the regulations, which authorized the Commissioner to direct hospitals to postpone “all” elective procedures.)
The revised Surge & Flex emergency regulations contain other changes, including less prescriptive language around reporting negative test results for infectious and communicable diseases (from “four times per day” to “as determined by the Commissioner.”) The regulations continue to require hospitals to maintain Surge & Flex response plans and disaster emergency response plans that must be rehearsed and updated at least twice annually. Finally, the revised Surge & Flex emergency regulations highlight that a portion of a hospital’s PPE stockpile may be used during a declared emergency provided it is replenished within 30 days after the emergency ends.
GNYHA supports these amendments and will seek clarification from DOH on open questions.