CMS to end COVID-19 emergency waivers for some nursing homes

CMS to end COVID-19 emergency waivers for some nursing homes

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The agency announced Thursday that the Centers for Medicare and Medicaid Services will be phasing out temporary pandemic-related exemptions to nursing home regulations.

In a press release, the agency said the changes were made because COVID-19 vaccination rates for residents and employees were increasing and nursing homes were better able to respond to outbreaks.

CMS Administrator Chiquita Brooks-LaSure said, “Over the past two years, we have learned a lot from this pandemic and are committed to using that knowledge to reimagine the next chapter in healthcare quality and patient safety and build a more Strong healthcare system.” in a press release.

in a memorandum CMS sent state regulators on Thursday listing temporary exemptions that will end in 30 or 60 days. These include:

  • Allow physicians to delegate tasks to physician assistants, nurse practitioners, and clinical nurse specialists (30 days);
  • Exempt residents from the requirement to enter in-person resident groups (30 days);
  • Allow physicians and other practitioners to conduct telehealth visits for residents instead of in-person appointments (30 days);
  • Waiver of training requirements for nursing assistants and paid feeding assistants (60 days);
  • Remodeling of rooms not normally occupied by residents is permitted during peak periods (60 days).

According to CMS, recent findings suggest that fluctuations in residents’ weight and increases in depression and pressure ulcers may be associated with “lack of certain minimum standards.”

“By ending some temporary exemptions, CMS is helping nursing homes realign their efforts to meet regulatory requirements designed to ensure that each resident’s physical, psychological and psychosocial needs are met,” the agency said in a statement. Press Releases.

CMS will continue to provide temporary state-based, county-based or facility-based waivers while the national public health emergency continues. For example, the agency will allow nursing homes further flexibility to document competency issues in training or testing nursing assistant certification.

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The public health emergency will expire on April 16 unless President Joe Biden extends it for another 90 days.But the Department of Health and Human Services has pledged to provide at least 60 days noticeso it’s unlikely to end before summer.

Holly Harmon, senior vice president of quality, regulatory and clinical services for the American Health Care Association, which represents nursing homes, said the pandemic is not over, so it’s premature for CMS to act.

“The national capacity is insufficient to meet the training and testing needs of thousands of temporary nursing assistants in such a short period of time,” Harmon wrote in an email. “These actions may further limit residents’ access to care, as facilities may be forced to limit the number of residents they can serve due to staffing shortages.”

nursing home 2,500 jobs lost In March, employment trended downward throughout the pandemic.

LeadingAge, a nonprofit provider association, is also concerned about staffing shortages, said Janine Finck-Boyle, vice president of regulatory affairs.

“While the waivers are over, the workforce challenges are not over. There are currently no plans to help staff nursing homes,” Fink Boyle wrote in an email. “The reality is that we are looking for workers who don’t currently exist,” she wrote.

Nan Impink, a spokesman for long-term care provider SavaSeniorCare Administration and Consulting, said CMS’ decision was “disappointing.” We will have to regroup and determine the next steps,” she wrote in an email.

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