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July 14th COVID-19 Update

In recent days, public health authorities and government regulators have promulgated new COVID-19-related guidance and requirements for providers of long-term/post-acute care (LTPAC) and senior services. These and other updates 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 July 13th, is available here. If you have questions for next week’s update, please send them to Ami Schnauber, and be sure to check your email for the access information, or contact Jeff Diamond.

Cross-Sector Updates

HHS/UnitedHealth Webinar Offers Insights on Applying for Medicaid Provider Relief Funding

On June 23rd and 25th, the Department of Health and Human Services (HHS) and UnitedHealth Group offered two webinars for providers on the $15 billion Medicaid/Children’s Health Insurance Program (CHIP) Provider Relief Fund application process, which has a deadline of July 20th. Click here for more information.

Travel Advisory Updates

On July 14th, the Governor’s Office announced that Delaware has been removed from the Travel Advisory list, while the following four additional states have been added:

  • Minnesota
  • New Mexico
  • Ohio
  • Wisconsin

Click here for more information about the Travel Advisory, as well as an archived record, as the list has changed.

Nursing Home and Adult Care Facility (ACF) Updates

DOH Issues Long-Awaited Visitation Guidance for ACFs, SNFs, and Pediatric SNFs

On July 10th, the Department of Health (DOH) issued long-awaited visitation guidance for ACFs, skilled nursing facilities (SNFs), and pediatric SNFs. Many questions have been raised, and we will share clarifications with members as we receive them. Click here for more information.

Staff Testing Mandate Extended and Other Executive Order Updates

Governor Cuomo has again extended the once-per-week nursing home/ACF staff testing mandate, without any changes. The original mandate was established in Executive Order (EO) 202.30 and subsequently modified and extended in EO 202.40. The recently issued EO 202.50 extends the mandate through Sat., Aug. 8, 2020. LeadingAge NY has heard from some members that they are experiencing new delays with their lab processing, or that the lab is no longer able to process staff testing. We have raised these issues with the Governor’s Office and DOH, and they have provided this list of labs and contacts you can reach out to if you need to identify a new lab to work with. Please let us know if you continue to experience difficulties and report it in your weekly DOH Health and Emergency Response Data System (HERDS) survey as well.

To view a comprehensive update of recently issued, extended, or suspended EOs pertaining to long term care, please see LeadingAge NY general counsel Hinman Straub’s July 13th EO Update here.

DOH to Begin Opening Daily Nursing Home/ACF HERDS Survey at 8 A.M.

Per member request, LeadingAge NY requested that DOH open the daily nursing home and ACF HERDS survey earlier, particularly over the weekend, to make it easier to comply with the daily mandate. We are pleased to report that DOH has committed to opening it by 8 a.m. beginning tomorrow, July 15th.

Free CMS/CDC/QIO Webinar: Establishing a Nursing Home Infection Prevention Program

The Centers for Medicare and Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and Quality Improvement Organization (QIO) Program, a national network of Quality Innovation Network (QIN)-QIOs serving every state and territory, will host a free webinar entitled “Establishing a Nursing Home Infection Prevention Program” on Thurs., July 16th from 4 to 5 p.m. EDT. During the webinar, participants will learn to identify the key components of an infection prevention program in the nursing home setting; describe the best-practice strategies needed to establish a program; and understand the key elements necessary for ongoing infection prevention surveillance. Advance registration is required and available here. The suggested audience is nursing home leaders, clinical and administrative staff members, and others interested in nursing home infection prevention in the era of COVID-19.

This webinar is the eighth in a series entitled “National CMS/CDC Nursing Home COVID-19 Training.” The series, held every Thursday from 4 to 5 p.m. EDT, provides training for infection control processes in nursing homes. Invitations are distributed weekly for each training. To sign up for updates, click here, and to view all previous session recordings, slides, and resources, click here.

CMS Issues Guidance on Ombudsman Visits

On July 9th, CMS updated memorandum QSO-20-28-NH, originally issued on April 24th, to remind nursing homes that access to the Ombudsman program is still required, but based on infection control concerns related to COVID-19, access may be accomplished by phone or other technology. Under Question #2 in the revised Frequently Asked Questions (FAQs), CMS speaks to the issue of residents covered under federal disability laws and their right to receive assistance to ensure effective communication. Where onsite staff assistance is unavailable or communication cannot be achieved through means of video, a facility may allow for access from a qualified interpreter. The nursing home may impose safety measures such as screening and the use of personal protective equipment (PPE) in those situations.

Home and Community-Based Services (HCBS) Updates

Aging Services and Social Adult Day Care Programs Slowly Reopening

Some aging services and Social Adult Day Care (SADC) programs have reopened or are considering or planning for potential reopening throughout the state. Members may recall that these programs are governed at the county level, not by the New York State Office for the Aging (NYSOFA) or DOH, so the decision to reopen is made at the local level.  

On July 13th, the New York State Adult Day Services Association (NYSADSA) issued a document entitled “Adult Day Services: NY Forward and Reimagined,” which offers best practices for infection control, prioritization of participants, capacity limitations, screening of staff and participants, preparation of programs, and operational practices. Counties around the state vary widely regarding their reopening status. While LeadingAge NY has not received any guidance from DOH, we assume that SADC programs within a nursing home will not be allowed to reopen. We will clarify this and their position regarding SADC programs located on the same campus but not connected to the nursing home. Also of note is that DOH’s COVID-19 Medicaid Transportation guidance still prohibits multi-loading of participants in vehicles unless participants are of the same household.

The Association on Aging in New York has also developed recommendations for the reopening of aging services congregate settings and the continuation of telehealth and home-delivered meals. As with SADC programs, all reopening decisions remain at the county level.

LeadingAge NY will keep members abreast of further developments as they unfold regarding the reopening of aging services and SADC programs.

Affordable Housing Updates

HUD Announces Service Coordinator CARES Act Allocation

On July 10th, the Department of Housing and Urban Development (HUD) issued a memorandum outlining plans to allocate the $10 million in Service Coordinator funding approved as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The funds will support approximately 1,600 properties with grant-funded Service Coordinator programs. HUD reportedly plans to issue guidance for budget-funded Service Coordination and other COVID-19-related expenses soon. Click here for more information from LeadingAge National.

HUD Releases Plan to Resume “Light Touch” MORs

A June 23rd memorandum from HUD details the agency’s plan to restart Management and Occupancy Reviews (MORs) at HUD-assisted properties. The document, entitled “Status of Management and Occupancy Reviews performed by PBCAs,” outlines guidance for an alternative approach for MORs, or “light touch” reviews. Although HUD is requiring on-site reviews to be conducted in areas of the country that have reopened, the agency is allowing an alternative approach to reduce interactions with site staff and residents. Click here for more information from LeadingAge National.