March 15th 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 March 14th, is available here, and a list of the items shared by LeadingAge NY staff in the webinar chat can be accessed here. If you have questions for next week’s update or would like the access information, please contact Jeff Diamond.
Cross-Sector Updates
Aspect of HERO Act Up for Renewal March 17th
On Sept. 6, 2021, Governor Hochul announced the designation of COVID-19 as an airborne infectious disease under the New York HERO Act. The first part of the HERO Act took effect on July 4, 2021 and requires private employers to adopt an airborne infectious disease exposure prevention plan. These plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. This designation is currently in effect until March 17th, at which time the Commissioner of Health will determine if the designation continues or expires. Click here for more information.
CDC COVID-19 Vaccination Recommendations for General and Immunocompromised Populations
Members have asked whether a second COVID-19 booster is required for certain individuals. We ask you to review the below-linked vaccination timing charts for the general population as well as moderately or severely immunocompromised individuals to determine vaccine recommendations per individual.
Currently, only a single booster is recommended for the general population. However, it should be noted that some moderately or severely immunocompromised individuals should receive three primary doses and then a single booster to be considered up-to-date.
Please consult the Centers for Disease Control and Prevention (CDC) guidance linked here and here to understand the requirements based on timing, brand, and individual being considered for vaccination. Members are urged to consult these charts regularly, as they are likely to be updated.
Nursing Home and Adult Care Facility (ACF)/Assisted Living (AL) Updates
CMS Releases New Visitation and Testing Guidance
On March 10th, the Centers for Medicare and Medicaid Services (CMS) issued new visitation and testing memoranda aligning its nursing home requirements with CDC recommendations. The focus of both documents is the replacement of the term “vaccinated” with “up-to-date with all recommended COVID-19 vaccine doses.” Click here for more information.
OSHA Announces Focused Inspections of Nursing Homes and Hospitals
Last week, the Occupational Safety and Health Administration (OSHA) announced that it will be initiating focused inspections and investigations of nursing homes and hospitals that treat COVID-19 patients. The intent of this initiative is to magnify OSHA’s presence in high-hazard health care facilities over a three-month period (March 9th to June 9th) to encourage employers to take the necessary steps to protect their workers against the hazards of COVID-19. Inspections opened under this initiative will comprise 15 percent of all inspections per region for the designated three-month period.
An OSHA memorandum outlining instructions and guidance for the short-term inspection initiative is available here. This initiative supplements OSHA’s targeted enforcement under the COVID-19 National Emphasis Program (NEP) by focusing on follow-up and monitoring inspections of hospitals and nursing homes that OSHA had previously inspected or investigated.
OSHA noted in the announcement that although it withdrew the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (ETS) on Dec. 27, 2021, the agency will accept continued compliance with the Healthcare ETS as satisfying an employer’s related obligations under the General Duty Clause, Personal Protective Equipment, and Respiratory Protection standards.
National Academies to Present April 6th Webinar on Release of National Nursing Home Quality Study
The National Academies of Sciences, Engineering, and Medicine’s Committee on the Quality of Care in Nursing Homes will discuss the findings and recommendations in its new report, The National Imperative to Improve Nursing Home Quality, during a webinar to be held on Wed., April 6th from 11 a.m. to 12 p.m. Registration is available here.
County Transmission Rates Still Govern Health Care
LeadingAge NY continues to post county-level Transmission Rate color codes, which determine COVID-19-related thresholds for health care facilities. The CDC county-level Transmission Rate methodology relies on a four-category approach (Low, Moderate, Substantial, High) and is used to determine the frequency of routine testing of unvaccinated nursing home staff. As of the week ending March 14th, many New York counties are still in the “Substantial” transmission category, although an increasing number are in the “Moderate” transmission category. Data for all New York counties is compiled here (please refresh your browser to see the most recent posting). Individual county profiles can be accessed on the CDC website here.
COVID-19 Therapeutics for NYC ACF Providers
The New York City Department of Health and Mental Hygiene's (NYC DOHMH) Office of Emergency Preparedness and Response (OEPR) has announced resources for NYC ACF providers related to new treatments that are now available for COVID-19 and an upcoming webinar regarding these options. Click here for more information.