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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 6, 2022.

The waivers expiring June 6th include the following:

  • Physical Environment for Skilled Nursing Facilities (SNFs)/NFs
    • When the waiver of requirements at 42 CFR §483.90 ends, so will the flexibilities that allowed for a non-SNF building to be temporarily certified and available for use by a SNF for COVID-19-positive residents; a NF to be opened as a temporary COVID-19 isolation and treatment location; and long term care (LTC) facilities to be used to accommodate for resident care in emergencies and situations needed to help with surge capacity.
  • Facility and Medical Equipment Inspection, Testing, and Maintenance (ITM) for Inpatient Hospice, Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs), and SNFs/NFs
    • ITM requirements at 42 CFR §§418.110(c)(2)(iv), 483.470(j), and 483.90 for facility and medical equipment will be reinstated.
  • Life Safety Code (LSC) and Health Care Facilities Code (HCFC) ITM for Inpatient Hospice, ICF/IIDs, and SNFs/NFs
    • Per 42 CFR §§418.110(d)(1)(i) and (e), 483.470(j)(1)(i) and (5)(v), and 483.90(a)(1)(i) and (b), ITM frequency and activity requirements for LSC and HCFC will be reinstated.
  • Outside Windows and Doors for Inpatient Hospice, ICF/IIDs, and SNFs/NFs
    • Per 42 CFR §§418.110(d)(6), 483.470(e)(1)(i), and 483.90(a)(7), an outside window or outside door is required in every sleeping room.
  • LSC for Inpatient Hospice, ICF/IIDs, and SNFs/NFs
    • In accordance with 42 CFR §§418.110(d), 483.470(j), and 483.90(a), specific LSC provisions such as fire drills and temporary construction requirements will be reinstated.
  • Paid Feeding Assistants for LTC Facilities
    • The requirements at 42 CFR §§483.60(h)(1)(i) and 483.160(a) regarding required training of paid feeding assistants will be reinstated.
  • In-Service Training for LTC Facilities
    • Per 42 CFR §483.95(g)(1), SNFs and NFs require nursing assistants to receive at least 12 hours of in-service training annually.
  • Training and Certification of Nurse Aides for SNFs/NFs
    • The Act at 42 CFR §483.35(d) requires that a SNF and NF may not employ anyone for longer than four months unless they meet the training and certification requirements.

Contact: Mark Kepner-Clough, mkepner-clough@leadingageny.org, 518-728-2365