Status of Visitation, Communal Dining, and Activities in Question with End of Public Health Emergency
While LeadingAge NY believes that the State’s nursing home and adult care facility (ACF) visitation guidance should expire with Executive Order (EO) 202.1, staff from the Governor’s office have told us that they are reviewing the visitation guidance to determine how to proceed. State-issued visitation guidance has also addressed communal dining and activities. This leaves us with a lack of clarity on how to proceed given resident rights and access to visitors, quality of life concerns, and infection control considerations. At this time, it may be wise to continue to follow current practices regarding these activities until the State provides additional guidance. Nursing homes should be prepared to follow Centers for Medicare and Medicaid Services (CMS) guidance on visitation and communal activities, which allows for greater social contact and unmasking among vaccinated residents.
The regulations providing enhanced access for personal caregiving visitors apply only during a state public health emergency (PHE). While nursing homes and ACFs must develop policies and procedures and allow the designation of caregivers, we believe that the provision requiring enhanced visitation by personal caregiving visitors, and the subsequent documentation thereof, is no longer in effect with the conclusion of the PHE. Compassionate care visits are still authorized in nursing homes pursuant to federal CMS guidance, and we believe that they may be authorized under existing ACF regulations and guidance.
LeadingAge NY also received clarification from CMS on outdoor visitation for nursing homes during outbreaks:
- Outdoor visitation is not suspended during the first round of outbreak testing; only indoor visitation is suspended.
- During a single unit/area outbreak, the facility should suspend indoor visitation for residents on the affected unit until the facility meets the criteria to discontinue outbreak testing. Outdoor visits are still permitted.
- If outbreak testing reveals one or more additional COVID-19 cases in other areas/units of the facility (e.g., new cases in two or more units), then facilities should suspend indoor visitation for all residents (vaccinated and unvaccinated), until the facility meets the criteria to discontinue outbreak testing. Outdoor visits are still permitted.
We understand that this is confusing, particularly given the public messaging regarding the conclusion of the PHE. We will alert members of any clarifications we receive.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828