On August 22, the New York State Department of Health issued Frequently Asked Questions (FAQs) stating that the Health Care Worker Bonus Program was limited to institutional facilities that served at least 20% Medicaid patients. 

NYSDA immediately contacted the HWB Program office at the Department of Health on August 23 to inform them that NYSDA disagreed with the department’s interpretation of the law and that they should seek guidance from their own Office of Counsel.  NYSDA noted that limiting the program to only institutional facilities was not consistent with the way the law was drafted and did not make logical sense. 
 
On August 29, the Department of Health issued new FAQs reversing its position and stating that as long as the employer is a Medicaid provider and bills Medicaid, serving at least 20% Medicaid patients, the employer qualified for the HWB Program. This included private dental practices.

Under paragraph (2)(b), an employer is subject to the HWB program if they meet all of the four following criteria:
1. They are a Medicaid enrolled provider;
2. They bill for Medicaid services (either through FFS, managed care, or a 1915(c) waiver);
3. Employ at least one eligible employee;
4. a. Are included in the list of provider and facility types in the statute, OR
    b. Are subject to a certificate of need (CON) process, OR
    c. The provider serves at least 20% Medicaid enrollees.