Aug. 3rd COVID-19 Update
New updates pertaining to the COVID-19 emergency continue to be announced by both the state and federal government on a regular basis. The latest developments for providers of long-term/post-acute care (LTPAC) and senior services are outlined 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 Aug. 2nd, 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
CDC Issues Updated Guidance Regarding Mask Wearing and Exposures
The Centers for Disease Control and Prevention (CDC) has issued updated guidance as of July 27th in light of new evidence on the B.1.617.2 (Delta) variant currently circulating in the United States. Click here for a summary of the key changes pertinent to LeadingAge NY members.
Vaccination Update
The latest vaccination information, including updates on newly issued advisories and newly implemented vaccination mandates for federal, state, and New York City employees, is summarized here.
Nursing Home and Adult Care Facility (ACF)/Assisted Living Updates
Various Emergency Regulations Republished with Some Notable Changes and Clarifications
LeadingAge NY has been monitoring the various emergency regulations being published by the Department of Health (DOH) as they relate to our members and has been advocating for changes to make the requirements more feasible and reasonable. Last week, the Public Health and Health Planning Council (PHHPC) was asked to consider several emergency regulations, on which LeadingAge NY again submitted comments. Our advocacy generated significant discussion with the group, with some notable impacts. Click the below links for a summary of the discussed regulations and any changes or clarifications received as a result:
- Nursing Home Personal Protective Equipment (PPE) Stockpiles and Surge and Flex Health Care Coordination
- The republished regulations took effect on July 30th and will expire after 60 days, unless they are readopted. Although effective July 30th, the PPE regulation gives nursing homes until Aug. 31st to possess the required stockpile.
- Vaccinations of Nursing Home and ACF Residents and Personnel
- The PHHPC also discussed the personal caregiver and compassionate caregiver regulation, but we have not seen a republication as of yet. We do not anticipate any changes to that regulation. As a reminder, while much of the requirements of this regulation are not in effect unless there is a declared public health emergency, ACFs and nursing homes must have policies and procedures in place and should have documented each resident’s choice of identified personal caregivers and compassionate caregivers. This should be revisited with the resident quarterly in the nursing home and every six months in the ACF.
Please let us know what questions or concerns you have regarding the regulations, and we will continue to advocate on your behalf.
With Rising Positivity Rates, Nursing Homes May Need to Increase Staff Testing
COVID-19 positivity rates are rising across New York State and nationwide. Nursing homes should remain aware of community rates not only to inform general infection prevention measures, but also to ensure compliance with Centers for Medicare and Medicaid Services (CMS) guidance on testing and visitation. Under CMS testing guidance, nursing homes are required to test unvaccinated staff weekly if their county positivity rate is 5 percent or higher. If rates rise above 10 percent, nursing homes must test unvaccinated staff twice weekly. Click here for more details.
LeadingAge National to Present Aug. 31st Webinar on Nursing Home Survey Readiness
Nursing home members are encouraged to join LeadingAge National on Tues., Aug. 31st from 2 to 3 p.m. ET for a webinar that will provide an insider’s perspective on nursing home regulations and answer key questions about the survey process in the wake of COVID-19. Speakers Janine Finck-Boyle, vice president of regulatory affairs at LeadingAge National, and Bill Vaughan, RN, long term care consultant, will review the relationship between regulations, CMS’s guidance to surveyors, and facility-generated policies and procedures and the impact each has on compliance decisions; approaches to address inadequate documentation identified during the survey process; and strategies for a successful informal dispute resolution (IDR). To register for the webinar, click here.
Home and Community-Based Services (HCBS) and Program of All-Inclusive Care for the Elderly (PACE)/Managed Long Term Care (MLTC) Updates
Update on Guidance Rescinding Telehealth/Telephonic Assessments for Authorization of Medicaid CBLTSS
DOH issued guidance last week requiring an immediate move to in-person assessments for authorization of Medicaid Community-Based Long-Term Services and Supports (CBLTSS). In response to pushback from MLTC plans, DOH has moved the compliance date to Aug. 13th. They also clarified some questions regarding members who may refuse in-person assessments. Click here for more information.