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May 31st 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 discussed 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 Tues., May 31st due to Memorial Day, 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

Governor Extends Executive Order Declaring Workforce Staffing Shortage

This past weekend, Governor Hochul extended Executive Order (EO) 4, continuing the Declaration of a Statewide Disaster Emergency Due to Healthcare Staffing Shortages. EO 4.9 provides an extension to June 29th. It continues several flexibilities for health care providers, including, but not limited to, allowing certain licensed out-of-state and Canadian health care providers, as well as certain licensed but unregistered providers, to practice in New York. The EO also provides other scope of practice flexibilities for nurses, aides, and home care agencies. Previous Intelligence articles on EO 4 and EO 4.1 provide further detail.

Nursing Home Updates

1135 Waiver Expiration Reminder

Nursing homes are reminded that following an announcement last month from the Centers for Medicare and Medicaid Services (CMS), several waivers of federal regulations issued under Section 1135 of the Social Security Act in response to the COVID-19 pandemic will expire on June 6th. Click here for more information.

NHSN Implements Reporting Changes

The most recent updates to mandatory reporting of COVID-19 data to the Centers for Disease Control and Prevention (CDC) should prove to be less time-consuming for nursing homes. Despite some confusion on whether the sessions were on or cancelled, staff from the CDC held several webinars over the last two weeks that outlined changes being made to the National Healthcare Safety Network’s (NHSN) Long Term Care (LTC) COVID-19 Module. According to the CDC, changes to the main pathways became effective on Mon., May 30th. Click here for more information.

CDC Updates Key COVID-19 Vaccination Web Page Confirming Nursing Home Routine Testing Requirement for Unboosted 50+ Staff

The CDC eliminated some ambiguity regarding the definition of “up to date” with COVID-19 vaccinations last week when it aligned its COVID-19 vaccination web page for the general public with its clinical guidance. As a result of this change, it is now clear that nursing home staff who are age 50 and over, and staff of any age who are moderately or severely immunocompromised, and are at least four months beyond their first booster must be routinely tested for COVID-19 if they have not received a second booster shot. Click here for more information.

DOH Issues Health Advisory Regarding Paxlovid Use

On May 25th, the CDC issued a Health Advisory – and the Department of Health (DOH) issued a subsequent Advisory – regarding the use of Paxlovid and the possibility of rebound COVID-19 after treatment. Paxlovid continues to be the treatment of choice for COVID-19 infection, per the Advisory, for those individuals who meet the clinical criteria for use. It is important to note that further treatment with antivirals due to rebound COVID-19 is unnecessary. Those individuals who present with symptoms of rebound COVID-19 after initially testing negative after treatment with Paxlovid must follow the CDC’s guidance on isolation and can re-end isolation after five days if fever-free for 24 hours without the use of fever-reducing medication and symptoms are improving. The re-infected person should wear a mask for 10 days after their most recent positive test.