March 22nd COVID-19 Update
New COVID-19-related updates for providers of long-term/post-acute care (LTPAC) and senior services continue to be shared on a regular basis by both state and federal authorities. The latest developments are described below.
As a reminder, LeadingAge NY continues to convene weekly webinars on Mondays at 11 a.m. to address emerging questions on COVID-19. A recording of our most recent webinar, held on March 21st, is available here, and a list of the items shared by LeadingAge NY staff in the webinar chat can be accessed here. If you have questions for next week’s update or would like the access information, please contact Jeff Diamond.
Cross-Sector Updates
DOH Removes Health Care Personnel Booster Vaccine Mandate
Last week, the Public Health and Health Planning Council (PHHPC) adopted amendments to the health care personnel (HCP) COVID-19 vaccination mandate proposed by the Department of Health (DOH), including the removal of the booster mandate. HCP in covered health care settings (i.e., hospitals, nursing homes, adult care facilities (ACFs), home care agencies, hospice, etc.) are still required to be vaccinated against COVID-19. In addition, the amendments to the regulation clarify that new HCP who commence working with only their first dose in a two-dose vaccination series must receive the second dose within the recommended timeframe. Click here for more information.
Vaccination Update
The latest vaccination information, including updates on new State vaccination guidance and Moderna and Pfizer-BioNTech’s applications for emergency use authorization (EUA) of a second COVID-19 booster dose, is summarized here.
HERO Act Designation Expiration Results in End to Some Requirements for Private Employers
Members who have been required to adhere to the New York HERO Act’s requirement to adopt an airborne infectious disease exposure prevention plan will be pleased to hear that the New York State Commissioner of Health has not renewed the designation that triggers implementation of the plan. This DOH press release announces that the designation ended on March 17th, and private sector employers are no longer required to implement their workplace safety plans required under the HERO Act as a result. Click here for more information.
Pencils Down on March 31st on Provider Relief Reporting
This is a final reminder that members who may have received more than $10,000 in Provider Relief Funding (PRF) from July 1, 2020 through Dec. 31, 2020 are required to report on the use of the funds by March 31st. The reporting catchment period includes Phase 3 General Distribution funding, which began in mid-December 2020, as well as targeted infection control funding made to nursing homes. Please note that you may apply the payments for eligible expenses incurred prior to receipt of those payments (i.e., pre-award costs) as long as they were used to prevent, prepare for, and respond to coronavirus. Funding received during the second half of 2020 can be applied to allowable expenses incurred from Jan. 1, 2020 through Dec. 31, 2021. We urge all members to be sure to submit the reports by the deadline, as LeadingAge National has reported that some members have received repayment letters for failing to file the first report.
Various reporting resources are available on the Health Resources and Services Administration (HRSA) website, including many specific to nursing home infection control reporting. A recording of the Feb. 17th webinar specifically for nursing homes is available for on-demand viewing here. The HRSA PRF page with links to resources is here. Reporting and auditing Frequently Asked Questions (FAQs) are posted here.
Nursing Home Updates
Use of Self-Administered Tests Clarified for Nursing Home Routine Testing
DOH’s Wadsworth Center Clinical Laboratory Evaluation Program (CLEP) has clarified its position on the use of self-administered point-of-care tests for purposes of routine screening tests of nursing home staff. With the increase in staff screening tests as a result of the new requirement to routinely test nursing home staff who are not “up-to-date” in their vaccination doses, LeadingAge NY members have asked about the permissibility of allowing staff to self-administer tests in their own homes. LeadingAge NY asked DOH via email “whether they may satisfy routine and outbreak staff testing using at-home tests performed in the staff member’s home (i.e., off-site).”
CLEP staff responded to this question via email from Valerie Deetz, deputy director in DOH’s Office of Primary Care and Health Systems Management, on March 21st, indicating that at-home COVID-19 tests may not be used off-site (e.g., in the employee’s home) for purposes of fulfilling routine staff testing requirements. However, when used on-site, non-nursing staff may collect the specimens and interpret the results from rapid tests, if they are properly trained. Click here for more information.
Community Transmission Rates
Although sometimes cumbersome to find, health care providers should continue consulting the COVID-19 Community Transmission Rates posted by the Centers for Disease Control and Prevention (CDC). The link to the New York State color-coded county map is here. LeadingAge NY also posts weekly updated county-level data and color codes here (please refresh your browser to see the most recent posting). Transmission Rates are calculated based on two measures: new cases per 100,000 individuals in the last seven days and percentage of positive nucleic acid amplification tests (NAATs) during the last seven days. The CDC county-level Transmission Rate methodology relies on a four-category approach (Low-Blue, Moderate-Yellow, Substantial-Orange, High-Red) and is used to determine the frequency of routine testing of nursing home staff. As of the week ending March 21st, many New York State counties are still in the “High” or “Substantial” transmission category.
Updated Clarification on Use of Eye Protection in Nursing Homes
LeadingAge NY nursing home members have requested clarification on guidance regarding the use of eye protection in nursing homes to prevent COVID-19 transmission. After asking DOH for additional clarification surrounding its universal eye protection guidance, LeadingAge NY was advised that nursing homes are required to follow all State and federal guidance regarding the use of universal eye protection. Click here for more information.