July 6th 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 Tues., July 6th due to the July 4th holiday, 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
Are You Ready for OSHA’s New ETS Requirements?
Employers subject to the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) jurisdiction have a short timeframe to become compliant with most of the new Emergency Temporary Standard (ETS) requirements related to preventing the spread of COVID-19. The rules apply to all settings where employees provide health care or support services and include guidance related to physical barriers, ventilation, staff training, and paid leave requirements. LeadingAge National has made available a new on-demand update to give you all the important information you need to act quickly and ensure that employees are being provided a safe workplace free from recognized hazards. Click here to access the update, which is free for all LeadingAge members.
LeadingAge National to Present July 27th Webinar on Complying with New PRF Reporting Requirements
Beginning July 1st, organizations have 90 days to report on Provider Relief Funds (PRF) if they received them this past year. Join LeadingAge National on Tues., July 27th from 2 to 3:30 p.m. ET for a webinar that will provide expert guidance as the Sept. 30th reporting deadline approaches. Participants will learn what they should be paying attention to, share how Department of Health and Human Services (HHS) reporting guidelines will impact their lost revenue calculations, and discuss how this reporting will intersect with other assistance they may have received during the pandemic. Click here to register for the webinar.
Nursing Home and Adult Care Facility (ACF)/Assisted Living Updates
New DOH Guidance Released on Hospital Discharges and Staff Testing; Questions Remain on Other Guidance
Last week, the Department of Health (DOH) issued updated guidance on nursing home staff and resident testing and testing prior to hospital discharge, addressing some of the questions that arose with the rescission of the state’s public health emergency (PHE). Click here for some of the key highlights of the new guidance and outstanding issues.
ACF Update on Staff Testing and Testing of Hospital Discharges
Last week, DOH issued a Dear Administrator Letter (DAL) announcing that ACFs are no longer required to test or arrange for the routine testing for COVID-19 of personnel, including contract staff, irrespective of the individual personnel’s vaccination status. The DAL maintains the requirement to screen all staff (each shift), each resident (daily), and all persons entering the ACF for signs and symptoms of COVID-19. Whenever a potential outbreak or positive case is identified, an ACF must contact its local health department to ensure implementation of appropriate infection control recommendations. The DAL also states that “unvaccinated individuals should be encouraged to wear a facemask or face covering,” which has created confusion about mask wearing requirements in general. LeadingAge NY has inquired with DOH to understand how broadly this statement should apply but has not yet received a response.
DOH also issued this DAL clarifying that, with the conclusion of the PHE, the Executive Order (EO) that required hospitals to obtain a negative COVID-19 test result prior to discharge to ACFs or nursing homes is no longer effective. Thus, while a COVID-19 test is still recommended, ACFs and nursing homes can accept someone from the hospital without a COVID-19 test, or even with a positive COVID-19 test. ACFs and nursing homes should only accept individuals for whom they can adequately care. Members should review the DAL carefully and let us know if you have any questions.
Urge the Governor and DOH to Reduce HERDS Reporting Requirements
As New York State’s COVID-19 community infection rates decline and vaccination levels increase, LeadingAge NY is calling on DOH to revise its COVID-19-related reporting requirements for ACFs and nursing homes. The volume and frequency of COVID-19-related data collection through the Health Emergency Response Data System (HERDS) has expanded and evolved over the course of the COVID-19 pandemic. We appreciate the importance of data; however, with the conclusion of the public health emergency, it is time for daily reporting requirements to stop. Much of these data are either no longer necessary, not needed on a daily basis, or duplicative of data collected by the federal government.
At this point in the pandemic, the level of information requested is unreasonable. The State should utilize data that are being reported to the Centers for Disease Control and Prevention’s (CDC) National Healthcare Safety Network (NHSN) system and eliminate any duplicative or unnecessary questions. We must start letting go of unnecessary, onerous requirements and allow administrative energy to be directed to resident quality of life, overall recovery from COVID-19, and staff recruitment and retention strategies.
To send a letter to DOH Commissioner Dr. Howard Zucker, CLICK HERE to download a draft letter in Microsoft Word format. Please fill in the yellow highlighted signature section of the draft letter, copy and paste the entire message into an email, and send it to dohweb@health.ny.gov.