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Oct. 11th 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 reviewed 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., Oct. 11th due to Columbus Day, 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

Update: CMS Rescinds Memo Limiting Uses of COVID-19 Rapid Antigen Tests

On Oct. 7th, the Centers for Medicare and Medicaid Services (CMS) rescinded its Sept. 26th QSO 22-25-CLIA, thereby enabling providers with limited service laboratory registrations to continue using all COVID-19 rapid antigen tests with Emergency Use Authorizations (EUAs) to test asymptomatic individuals, as well as symptomatic individuals. Prior to the Oct. 7th rescission, providers were concerned that they could no longer use certain rapid tests for routine screening testing of asymptomatic staff, testing of asymptomatic new admissions and readmissions, and outbreak testing of asymptomatic individuals.

As a result of the Oct. 7th rescission, effective immediately, CMS will continue to exercise enforcement discretion when COVID-19 tests are utilized outside of the EUAs. It is expected that this discretion will continue for the duration of the COVID-19 public health emergency (PHE).

NYC DOHMH Facilitating Access to Flu and Bivalent COVID-19 Vaccines for ACFs, IL, and Homebound

The New York City Department of Health and Mental Hygiene (NYC DOHMH) is connecting adult care facility (ACF) and independent living providers in NYC with local pharmacies to facilitate flu and COVID-19 bivalent boosters. Members can email covidtestingcsiru@health.nyc.gov to get connected. Individuals who are homebound or at least 65 years old can sign up online for an in-home vaccination or call 877-VAX-4NYC (877-829-4692).

Nursing Home Updates

State Receives CMS Extension of Temporary Nurse Aide Waiver

The New York State Department of Health (DOH) announced on Oct. 6th that CMS has approved an extension of the temporary nurse aide (TNA) waiver through the end of the federal COVID-19 PHE. Click here for more information.

SNFs Must Report Influenza Vaccinations Through NHSN

While New York State providers have been reporting staff influenza vaccination rates to DOH for years, a similar reporting requirement has been added on the federal side. With the expansion of the Skilled Nursing Facility Quality Reporting Program (SNF QRP), nursing homes must begin reporting influenza vaccination of health care personnel through the National Healthcare Safety Network (NHSN) beginning with the 2022-23 flu season. The reporting must cover Oct. 1, 2022 through March 31, 2023 and can be submitted in a single report or more frequently if the facility prefers. Either way, data must be submitted no later than May 15, 2023.

Several other provider types have been required to report this data through NHSN (and SNFs were able to do so voluntarily), so an existing page with links to reporting resources is available here. CMS will replay a recording of an educational webinar on the reporting process specifically for SNFs on Wed., Oct. 19th at 1 p.m. Registration is available here. Keep in mind that this is a QRP measure with potential penalties for those who fail to report complete data.

MDS Technical and Substantive Changes

Member nursing homes should have established a Health Care Quality Information Systems (HCQIS) Access Roles and Profile (HARP) account. This provides a user ID and password that can be used to sign into many CMS applications, including the Internet Quality Improvement and Evaluation System (iQIES), which will house the Minimum Data Set (MDS). This technical transition requires providers to designate one or more security officials in their organization to manage access to the system. A video outlining the HARP account process is available here. A manual listing roles and permission levels is here.

There is also a substantive MDS item set update scheduled to go into effect in October 2023. This is a fairly significant update that will require staff training and will likely have implications on how resident acuity is reflected in rates. LeadingAge National is holding a webinar with Zimmet Healthcare Services Group on Wed., Nov. 9th from 2 to 3:30 p.m. to review these changes. There is a modest fee, and registration is required (available here).