DOH Issues New Emergency Preparedness DAL for Nursing Homes

On May 1, 2023, the Department of Health (DOH) issued Dear Administrator Letter (DAL) NH 23-03 providing information on updating nursing home pandemic emergency plans (PEPs). In August 2020, DOH issued DAL NH 20-09 requiring that nursing homes develop a PEP. The most recent DAL updates the August 2020 guidance.

The recently issued DAL requires that nursing homes "include as part of their mandated pandemic emergency plans measures to update residents, authorized family members, and resident representatives of the presence of an infection and to have in their pandemic emergency plan, a plan or procedure for placement or grouping of residents within a facility to reduce transmission of the pandemic disease, consistent with guidance issued by the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention (CDC)."

The requirements in the most recent DAL mirror federal requirements found in 42 CFR § 483.80(g) and state the following:

Inform residents, their representatives, and families of those residing in facilities by 5 p.m. the next calendar day following the occurrence of either a single confirmed infection of COVID–19, or three or more residents or staff with new-onset of respiratory symptoms occurring within 72 hours of each other. This information must do all of the following:

1. Not include personally identifiable information.
2. Include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered.
3. Include any cumulative updates for residents, their representatives, and families at least weekly or by 5 p.m. the next calendar day following the subsequent occurrence of either: Each time a confirmed infection of COVID–19 is identified, or whenever three or more residents or staff with new onset of respiratory symptoms occur within 72 hours of each other.

It is important to note that the most recent DAL states that with the end of the federal COVID-19 Public Health Emergency (PHE) on May 11, 2023, nursing homes will not have to deploy their PEP. Based on conversations with LeadingAge National and a review of recently issued CMS requirements, LeadingAge NY has determined that family notification requirements under federal regulations noted above will end on May 11, 2023.

Contact: Elliott Frost, efrost@leadingageny.org, 518-441-8761