LeadingAge NY Seeks Member Input on Vaccination Offer Regs for ACFs and Nursing Homes, Submits Comments on PPE Stockpile Regs
LeadingAge NY submitted comments on proposed regulations governing nursing home personal protective equipment (PPE) stockpiles last week and seeks member input into comments on regulations requiring adult care facilities (ACFs) and nursing homes to offer or arrange for COVID-19 vaccines for residents and staff (the "vaccination offer regulation"). Both regulations were adopted on an emergency basis and are now proposed for permanent adoption. Although the State Register listed the deadline for comments as July 7, 2022, we have been informed by the Department of Health (DOH) that the actual deadline is Aug. 8, 2022.
Our comments on the nursing home PPE stockpile regulations stressed that the formula used to calculate the required inventory drives the acquisition of excessive stockpiles of PPE that may not be used before their expiration. The formula should be based on actual or anticipated use rates, updated regularly, rather than on use rates during periods of peak prevalence of COVID-19 and on certified beds. Members are encouraged to submit their own comments on the regulation on or before Aug. 8, 2022 here.
Our comments on the vaccination offer and arrangement regulations have not yet been submitted, but are likely to focus on the following concerns:
- The regulation does not include any exemption from the requirement to offer or arrange for the vaccine when the vaccine is medically contraindicated for a resident.
- The regulation is similar, but not identical, to federal regulations applicable to nursing homes. As a result, it has the potential to generate confusion in the field and trigger duplicative penalties for nursing homes.
- The penalty provision for ACFs, which specifies that a "failure to arrange for the vaccination of every facility resident and personnel . . ." constitutes a “failure in systemic practices and procedures,” is disproportionately harsh.
- The requirement imposed on nursing homes to post vaccination information in every resident hallway is excessive and detracts from the homelike environment that nursing homes are required to create.
LeadingAge NY encourages members to submit their feedback on the vaccination offer regulation for inclusion in the association's comments by July 15th and/or submit their own comments by Aug. 8th here.
Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8383