Skip to Main Content
Services Talent Knowledge
Site Search


Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

December 29, 2023

New York State Nursing Facilities: Important Deadline Looming for Eligible Rate Appeals

In September 2023, the New York State Department of Health (DOH) notified nursing facilities (NFs) of the DOH’s effort to clear a backlog of certain outstanding rate appeals that remain open in the Electronic Appeals System. The deadline for participating in the DOH’s effort, which was originally extended from October 30, 2023, to January 8, 2024, has been further extended to January 16, 2024, to allow NFs additional time to consider new guidance from the DOH regarding appeals filed by prior ownership. 

To participate in the process, a NF’s appeal must be listed on the “Open Appeals Listing” tab of the Open Appeals Impact Workbook. NFs in New York State should review the listing and verify whether any of their open appeals are eligible and evaluate whether and how to respond before the January 16 deadline. The DOH requires that any response include a completed Open Appeal Impact Workbook and an Open Appeals Attestation. The DOH discourages any attempt to modify the workbook or attestation forms and will purportedly refuse to consider any responses that include changes to the forms.

It is unclear whether extensions will be granted upon request or whether late submissions will be considered. In its September 2023 webinar concerning this process, the DOH stated that failure to respond means the DOH “cannot handle your appeal” and that those appeals may remain open. The DOH’s response was ambiguous concerning whether and when it will address any eligible appeals for which no response is provided.

The DOH advised that any questions regarding this process should be sent to with “NH Appeals Processing Forms” in subject line, and that any questions regarding access to the Electronic Appeals System should be sent to

If you have any questions regarding the content of this alert, please contact Michael Scott-Kristansen, special counsel, at, or another member of the firm’s Health & Human Services Providers Team. 


Click here to sign up for alerts, blog posts, and firm news.

Featured Media


Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Gladys Vasquez, Monique Reid, Raymond Forrest, Pedro Martinez, Linda Slade, and Felipe Fernandez—Targeting Businesses in Recent Flurry of Lawsuits


Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Compres, Sanchez, Fontanez, Pajaro, Garcia, and Jaquez—Targeting Businesses in Recent Flurry of Lawsuits


Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Competello, Fernandez, Liz, Riley, and Trippett—Targeting Businesses in Recent Flurry of Lawsuits


CDPAP Providers Get First Look at the Future of CDPAP Without FIs


New York State Fiscal Year 2025 Budget: Implications for Employers Unpacked


Lab Providers Under Increased Scrutiny From Civil and Criminal Agencies for OTC COVID-19 Test Claims

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

Read More

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out