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Feb. 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 Feb. 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, which will be held on Tues., Feb. 22nd at 11 a.m. due to Presidents’ Day, or would like the access information, please contact Jeff Diamond.

Cross-Sector Updates

DOL Announces Continued Designation of COVID-19 as Airborne Infectious Disease Under HERO Act

On Feb. 15th, the New York State Department of Labor (DOL) announced the continued designation of COVID-19 as an airborne infectious disease under the HERO Act. This requires the ongoing implementation of workplace safety plans required under the HERO Act since Sept. 6, 2021, when the Governor first announced the designation. The airborne infectious disease exposure prevention 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.

Click here for more background on the HERO Act, as well as a recent Intelligence article on the proposed regulations regarding the workplace safety committee required under the law.

Nursing Home and Adult Care Facility (ACF)/Assisted Living (AL) Updates

Governor Ends Mask Mandate for Certain Businesses

Effective Feb. 10th, Governor Hochul ended the mask mandate for indoor businesses. The Department of Health (DOH) has clarified, however, that nothing has changed for nursing homes and ACFs. Staff masking is still required, and residents are encouraged to wear masks in communal settings if medically tolerated. There is no longer a mask requirement in other settings such as senior housing.

LeadingAge NY Offers Comments on Personal and Compassionate Caregiving Visitor Regulations

This week, LeadingAge NY provided the State with comments on the Personal Caregiving and Compassionate Caregiving Visitors in Nursing Homes and ACFs regulations. Providers have been held to these regulations for several months due under emergency adoption, and they are now considering comments for permanent adoption.

LeadingAge NY expressed appreciation for the reasons that the law and regulations were initially implemented, but noted concerns in the implementation of the regulations. Further, we noted that the conditions that prompted the need for such legislation are no longer in effect.

We will keep members apprised of developments with these regulations.

DOH/IPRO Hold Webinar on Booster Vaccine in Nursing Homes and ACFs

On Feb. 9th, DOH and IPRO held a free webinar on the COVID-19 booster and how it is affecting case numbers in the nursing home and ACF settings. Click here for some key highlights.

Provider Relief Reporting Webinar

Nursing home members should be aware of a free Nursing Home Infection Control (NHIC) reporting webinar to be presented by the Health Resources and Services Administration (HRSA) on Thurs., Feb. 17th at 3 p.m. Click here for more information.

Additional Details for Nursing Homes on National Guard Deployment

Some nursing home members are in receipt of National Guard support. LeadingAge NY has asked the Department for direction regarding the booster mandate and its implications for this resource; DOH has elevated the inquiry and will get back to us. Click here for more information on this issue.

CMS Provides Updates on National Guard PBJ Reporting and Kronos Issue

LeadingAge National received updates from the Centers for Medicare and Medicaid Services (CMS) late last week on two issues we have been closely following: (1) whether National Guard members deployed to some member nursing homes can be captured in Payroll-Based Journal (PBJ) reporting; and (2) the Kronos ransomware attack that affected reporting of information to CMS. Click here for more information.

DOH Allocates Oral Anti-Viral Medication to LTC Pharmacies for Nursing Home Use

Last week, DOH allocated 1,800 treatment courses of the COVID-19 therapy Molnupiravir to long term care pharmacies for nursing home use. Molnupiravir is an oral anti-viral medication used in treating COVID-19 that is considered easier to use than some of the alternatives. The long term care pharmacies that received allocations last week are listed here.

DOH is interested in learning where there are gaps in access to Molnupiravir and other COVID-19 therapies. LeadingAge NY members that contract with pharmacies omitted from the allocations, that operate their own pharmacy, or that are experiencing difficulty in accessing COVID-19 therapies for their residents should contact Diane Darbyshire here. She will inform DOH of gaps in access.

For Your Reference: DOH State Addendum – Survey Entrance Conference Worksheet

For nursing home member reference, LeadingAge NY is providing the DOH State Addendum – Entrance Conference Worksheet that is given to the Administrator, in addition to the Entrance Conference Worksheet from CMS, upon survey team entrance to the facility here. In reviewing the most up-to-date version of this worksheet, we have not identified any COVID-19-based changes. If, when you are surveyed, the Entrance Conference Worksheet is different, please notify us so that we can alert our other members.