On May 8, the Centers for Medicare & Medicaid Services (CMS) announced that it had cancelled its August 2020 interim final rule governing testing rules for nursing homes and had revised its nursing home visitation guidance. The updated guidance was provided to align with the ending of the public health emergency (PHE) on May 11, 2023, and is effective from that date.
According to CMS, testing for COVID-19 should be conducted by following accepted national standards, such as CDC recommendations. Noncompliance related to COVID-19 testing will be cited at F-Tag 880. The testing guidance memorandum can be accessed here.
In addition, CMS announced that while the PHE will end, facilities are still expected to adhere to infection prevention and control recommendations in accordance with accepted national standards. Revised guidance includes placing visual alerts (e.g., signs, posters) at the entrance and in strategic places (e.g., waiting areas, elevators, cafeterias). These should include instructions about current infection prevention and control (IPC) recommendations.
If residents or their representative would like to have a visit during an outbreak investigation, the visit should ideally occur in the resident’s room, and the resident and their visitors should wear well-fitting source control (if tolerated) and physically distance (if possible) during the visit. The revised nursing home visitation guidance can be accessed here.
Compliance Perspective
Issue
Nursing homes have been severely impacted by COVID-19, with outbreaks causing high rates of infection, morbidity, and mortality. The vulnerable nature of the nursing home population combined with the inherent risks of congregate living in a healthcare setting have required aggressive efforts to limit COVID-19 exposure and to prevent the spread of COVID-19 within nursing homes. Although there is no limit on the number of visitors that a resident can have at one time, visits should be conducted in a manner that adheres to the core principles of COVID-19 infection prevention and does not increase risk to other residents. During peak times of visitation and large gatherings (e.g., parties, events) facilities should encourage physical distancing. Facilities may contact their local health authorities for guidance or direction on how to structure their visitation to reduce the risk of COVID-19 transmission.
Discussion Points
- Review your infection prevention and control plan and visitation policies and procedures to ensure they include the most up-to-date information from CMS.
- Train staff on the most current infection prevention and control protocols, including vaccination policies and best practices. Train all staff on the updated visitation policy and procedures. Document that the trainings occurred and keep a signed copy in each employee’s education file. Provide resident- and family member-related education through presentations at Resident or Family Council Meetings and document within those meetings’ minutes.
- Periodically audit to ensure that the new visitation guidelines are being followed, and that all staff are following your infection prevention and control plan. Provide additional training where needs are identified.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
