On April 7, 2022, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum announcing the termination of several emergency declaration blanket waivers. These waivers initially went into effect to provide healthcare providers with extra flexibilities for responding to the COVID-19 pandemic.
The following Emergency Declaration Blanket Waivers for various provider types in the long-term care continuum expire 60 days from the publication of the April 7, 2022, memorandum:
- Physical Environment for SNF/NFs – 42 CFR §483.90
- Equipment Maintenance & Fire Safety Inspections for ESRD facilities – 42 CFR §494.60(b) and(d)
- Facility and Medical Equipment Inspection, Testing, & Maintenance (ITM) for Inpatient Hospice, ICF/IIDs and SNFs/NFs – 42 CFR §§418.110(c)(2)(iv), 483.470(j), and 483.90
- Life Safety Code (LSC) and Health Care Facilities Code (HCFC) ITM for Inpatient Hospice, ICF/IIDs and SNFs/NFs – 42 CFR §§ 418.110(d)(1)(i) and (e), 483.470(j)(1)(i) and (5)(v), and 483.90(a)(1)(i) and (b)
- Outside Windows and Doors for Inpatient Hospice, ICF/IIDs and SFNs/NFs – 42 CFR §§418.110(d)(6), 483.470(e)(1)(i), and 483.90(a)(7)
- Life Safety Code for Inpatient Hospice, ICF/IIDs, and SNFs/NFs – 42 CFR §§418.110(d), 483.470(j), and 483.90(a)
- Paid Feeding Assistants for LTC facilities: 42 CFR §§483.60(h)(1)(i) and 483.160(a)
- In-Service Training for LTC facilities – 42 CFR §483.95(g)(1)
- Training and Certification of Nurse Aides for SNF/NFs – 42 CFR §483.35(d) (Modification and Conditional Termination)
As a reminder, the following Emergency Declaration Blanket Waivers already expired 30 days post publication of the April 7, 2022, memorandum:
- Resident Groups – 42 CFR §483.10(f)(5)
- Physician Delegation of Tasks in SNFs – 42 CFR §483.30(e)(4)
- Physician Visits – 42 CFR §483.30(c)(3)
- Physician Visits in Skilled Nursing Facilities/Nursing Facilities – 42 CFR §483.30
- Quality Assurance and Performance Improvement (QAPI) – 42 CFR §483.75(b)–(d) and (e)(3)
- Detailed Information Sharing for Discharge Planning for Long-Term Care (LTC) Facilities – 42 CFR §483.21(c)(1)(viii)
- Clinical Records – 42 CFR §483.10(g)(2)(ii)
To access the full details of the waiver expirations, click here.
Compliance Perspective
Issue
All facilities that participate and receive federal and/or state funds from Medicare or Medicaid must adhere to the rules of participation. It is essential that all policies and procedures at your facility that may have been suspended during the pandemic due to blanket waivers are updated in compliance with the end of the COVID-19 Emergency Declaration Blanket Waivers expiration period.
Discussion Points
- Review your policies and procedures that were suspended due to the emergency declaration blanket waivers. Update policies as needed, including the effective date.
- Train all appropriate staff on the termination of the emergency waivers and provide retraining on all updated policies and procedures. Document that the trainings occurred and file the signed document in each employee’s education file.
- Audit to ensure that all policies that were affected by the emergency blanket waivers have been reestablished and are being adhered to by all staff members.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
