Guidance on Family Notification
On April 20th, the Department of Health (DOH) issued Dear Administrator Letter (DAL) C20-01 containing a number of best practices and ways to keep residents and families engaged during the COVID-19 pandemic, many of which LeadingAge NY members have already adopted. The best practices offer ways of keeping residents connected and promote ways to address feelings of social isolation and loneliness that many adult care facility (ACF) and nursing home residents may be experiencing.
Significant in the DAL is reference to the Governor’s Executive Orders (202.18 and 202.19) requiring that any skilled nursing facility (SNF), nursing home, or ACF licensed and regulated by the Commissioner of Health notify family members or next of kin for all residents if any resident tests positive for COVID-19, or if any resident suffers a COVID-19-related death, within 24 hours of such positive test result or death. Financial penalties may be assessed for violations of the Executive Order.
The DAL does not address how the communication to family members should take place. Currently, communication between families and members may take place through a variety of different means, including email, website postings, or phone messages. Members should assess what system will work best for them that will allow flexibility and enable them to remain compliant with the Executive Order.
On April 19th, the Centers for Medicare and Medicaid Services (CMS) also released a preview of proposed mandated notification requirements in memorandum QSO-20-26. In addition to reporting suspected or confirmed COVID-19 cases to the Centers for Disease Control and Prevention’s (CDC) National Healthcare Safety Network (NHSN), CMS will be requiring that facilities notify residents and their representatives to keep them informed of the conditions inside the facility. At a minimum, nursing homes must inform residents and their representatives within 12 hours of the occurrence of a single confirmed infection of COVID-19, or three or more residents or staff with new onset of respiratory symptoms that occur within 72 hours.
Additionally, updates to residents and their representatives must be provided weekly, or each subsequent time a confirmed infection of COVID-19 is identified and/or whenever three or more residents or staff with new onset of respiratory symptoms occurs within 72 hours. Facilities will include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations in the nursing home will be altered. This information must be reported in accordance with existing privacy regulations and statute.
While no effective date is noted for the proposed CMS requirements, LeadingAge NY expect regulations to be published shortly.