powered by LeadingAge New York
  1. Home
  2. » Topics
  3. » Coronavirus Resources
  4. » LeadingAge NY Updates
  5. » June 29th COVID-19 Update

June 29th COVID-19 Update

New COVID-19-related updates for providers of long-term/post-acute care (LTPAC) and senior services continue to be shared on a regular basis by both state and federal authorities. The latest developments are discussed 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 June 28th, is available here. If you have questions for next week’s update, which will be held on Tues., July 6th due to the July 4th holiday, please send them to Ami Schnauber, and be sure to check your email for the access information, or contact Jeff Diamond.

Cross-Sector Updates

Governor Announces End of State Public Health Emergency

Governor Cuomo announced the end of the state’s public health emergency (PHE) last week and rescinded his COVID-19 executive orders (EOs) on Fri., June 25th. While this development has generated much excitement and relief around the state, it has also raised a host of questions concerning the regulatory requirements imposed on long term care providers and the continued effectiveness of waivers and staffing flexibilities granted by the State during the pandemic. LeadingAge NY has been communicating with the Governor's staff, the Department of Health (DOH), and the State Education Department (SED) about these issues and has provided them with recommendations. We believe that, in the absence of EOs or regulations, the Executive Branch lacks legal authority to enforce the requirements imposed under the PHE. However, we are aware that DOH's COVID-19 mailboxes are responding to inquiries by stating that the staff testing guidance remains in effect. In addition, the Governor's office informed us on June 28th that new guidance will be forthcoming, signaling that they may try to renew various requirements in some form through emergency regulations.

Key regulatory impacts of the end of the state PHE are analyzed in the bulleted articles below. More information is also available here.

Emergency Regulations and Guidance Allow for Continuation of Telehealth Post-State Public Health Emergency

DOH issued emergency regulations over the weekend permitting providers to continue utilizing telehealth and telephonic services to deliver health care services through the duration of the federal PHE. Comprehensive guidance, issued originally in March 2020 and permitted through the state PHE, will also be carried forward during the federal PHE allowing many types of providers, including certified home health agencies (CHHAs), licensed home care services agencies (LHCSAs), social and adult day health care, waiver services providers, behavioral health services, and more, to continue to provide telehealth services. Click here for more information.

Vaccination Update

The latest vaccination information, including updates on new guidance continuing the required New York State Immunization Information System (NYSIIS) and Citywide Immunization Registry (CIR) reporting for vaccinators post-state PHE and updated general guidance for State Vaccination Program providers, is summarized here.

OSHA Emergency Temporary Standard for Healthcare Settings

On June 10th, the U.S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) creating specific obligations for employers to provide protections to workers from occupational exposure to COVID-19 in certain health care settings. The interim final rule was published in the Federal Register on June 21st and is effective as of that date. Employers are required to comply with provisions of the ETS by July 6th (14 days after the effective date) or July 21st (30 days after the effective date). Click here for more information, including a comprehensive memorandum from LeadingAge NY’s legal counsel, Hinman Straub.

First Distributions of Provider Relief Funding Must Be Used by June 30th

We remind members that organizations that received Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Provider Relief Funds (PRF) prior to July 1, 2020 must use those funds by June 30, 2021. Organizations that received more than $10,000 in PRF before July 1, 2020 will have 90 days to report on the use of funds through the dedicated reporting portal starting July 1, 2021.

New reporting requirements issued by the Department of Health and Human Services (HHS) on June 11th extended some of the timeframes for recipients of PRF to both use and submit reports on the use of the funds they receive. The new guidance sets out four “payment received periods,” each with its own deadline for spending the funds received during the period and each with its own 90-day window to report on the use of the funding to HHS. Each of the four reporting periods has its own $10,000 test – providers need only report in a specified payment received period if the total funding they received during the period exceeds $10,000.

Some general information with links to the reporting portal and other resources is here. The second in a series of articles from LeadingAge National on PRF reporting is available here.

Nursing Home and ACF/Assisted Living Updates

Surge and Flex Health Coordination Regs Reissued

Among the emergency regulations that were reissued over the weekend were the Surge and Flex provisions originally published and effective in August of last year. While these regulations lay out some requirements for hospitals and are aimed at facilitating a quick increase in hospital capacity and coordinating response to a health emergency, they also impact other health care providers by granting the Commissioner of Health the authority to suspend or modify various regulations during a declared state disaster emergency. The sections of DOH Regulations (i.e., Title 10) that are affected include Subchapter A of Chapter V, which lays out minimum standards for medical facilities (i.e., Parts 400 through 448), as well as the State Hospital Code (Parts 700 through 717) that delineates construction standards for nursing homes. The regulations also allow suspension or modification of Part 1001 of Title 10 that governs assisted living facilities as well as Parts 487, 488, and 490 of Title 18 (Social Services Regulations) governing Adult Homes, Enriched Housing, and Residences for Adults. Click here for more information.

Test Positivity and Vaccination Rates

A document showing the most recent 14-day test positivity rates for each county in New York State based on both federal and state figures is available here. The Centers for Medicare and Medicaid Services (CMS)-computed test positivity rates (that exclude point-of-care tests) are below 2 percent for all of New York’s counties, while the state-calculated rates (that include all tests) are below 1 percent in all but two counties (Jefferson and Schuyler). The county positivity data posted by CMS are lagged by a week and are updated each Monday or Tuesday. They are available for download in raw format here. We will continue to extract the CMS-calculated rates for New York State counties and post them here, along with positivity rates calculated on state data covering the same two-week period.

Current daily county-level data for New York State are here, 7- and 14-day regional data are here, and ZIP code-level data for New York City showing infection rates during the most recent four weeks are available here. The State’s regional COVID-19 Early Warning Monitoring Dashboard showing new infections, severity of infections, and hospitalization data is available here.

DOH posts daily COVID-19 vaccination rates for staff and residents of both nursing homes and assisted living facilities on their website. The site shows county and regional average vaccination rates and contains links to provider-specific listings. The statewide nursing home staff vaccination rate has reached 65 percent. The ACF staff vaccination rate has hit 72 percent, with 94 percent of ACF residents vaccinated. The nursing home resident vaccination rate is 86 percent. The rates are based on daily Health Emergency Response Data System (HERDS) reporting and can be accessed here. The vaccination rate for the general population in New York (age 18 and over) is 72 percent and 88.6 percent for those between ages 65 and 74. ZIP code-level vaccination rates are available here.

Home and Community-Based Services (HCBS) Updates

CHHA and Hospice HERDS Reporting Reduced

LeadingAge NY is pleased to announce that DOH has agreed to reduce HERDS reporting for CHHAs and hospices from three times a week to once a week. The number of questions will also be reduced.

We have been advocating for some time for this change, as the frequency of HERDS reporting has been time-consuming and several of the questions are now obsolete with the reduction of COVID-19 infection rates throughout the state.

LeadingAge NY will continue to press DOH for reduced HERDS reporting for nursing homes and ACFs and will keep members updated on this issue.

Affordable Housing/Independent Living Updates

State Releases Regulations on Enforcement of Social Distancing Measures in Public Places

On June 23rdRegulations on the Enforcement of Social Distancing Measures in public places in New York became effective. The regulations state that any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance, unless such person is “fully vaccinated,” provided the person is not present in a nursing home, health care setting, or other setting where mask use is otherwise required by federal or state law or regulation. Click here for more information.

NY Attorney General Real Estate Finance Bureau to Continue Relief Period Instated Under Public Health Emergency

In March 2020, shortly after EO 202 was first issued, the Real Estate Finance Bureau (REFB) of the New York State Attorney General’s Office enacted a number of temporary submission and review policies and procedures. The time period during which the REFB’s temporary policies and procedures are effective was termed “the relief period,” and the REFB initially intended for its relief period to remain in effect as long as EO 202 was in effect. Although EO 202 is no longer in effect, the REFB will continue its relief period until further notice. The REFB intends to provide more details regarding the end of the relief period in the near future; however, the relief period will continue until the REFB states that it is no longer in effect. Click here for more information.

CDC Extends Eviction Moratorium by One Month

The Centers for Disease Control and Prevention (CDC) has extended the federal eviction moratorium, set to expire on June 30th, by a month, until July 31st, to give states more time to distribute as much of the $47 billion provided by Congress for the Emergency Rental Assistance program as possible and to give more time to get vaccination rates up in some geographies. Click here for more information from LeadingAge National.