| Nursing Home Updates |
Nursing Home UpdatesNursing Home Visitation CMS is providing clarification to recent guidance for visitation (see CMS memorandum QSO-20-39-NH REVISED 11/12/2021). While CMS does not address every aspect of visitation that may occur, they provide additional details about certain scenarios below. The bottom line is, visitation must be permitted at all times with very limited and rare exceptions, in accordance with residents’ rights. In short, nursing homes should enable visitation following these three key points:
Adjustment of Civil Monetary Penalties (CMP) for Inflation CMS released a memo on January 7, 2021 indicating civil money penalties (CMPs) were adjusted for inflation. The new minimums/maximums are as follows:
January 1, 2022 Medicaid Nursing Rates Now Available The Agency for Health Care Administration has posted the January 1, 2022 Medicaid Nursing Home reimbursement rates to their website. This update removes the temporary enhanced rate adjustment authorized by the Joint Legislative Budget Commission. The enhanced rates were in effect from October 1, 2021 – December 31, 2021. The January 1, 2022 rates are being returned to the rate in effect prior to the adjustment.Second Provider Relief Fund Reporting Period Opens HRSA has opened the Provider Relief Fund (PRF) Reporting Portal for providers to begin submitting their second period reports. These reports will cover PRF payments received July 1 – December 31, 2020. The deadline to submit the second period report is March 31, 2022. Members should take their time and review the newly available resources including two webinars prior to submitting their reports. This will be the first time reporting for assisted living, private pay nursing homes and Medicaid providers like HCBS who did not receive their first PRF payments until Phase 2 or 3. For nursing homes, this will be the first report where you are required to report on the Nursing Home Infection Control distributions and related quality incentive payments. HRSA has hosted webinars and offers recordings for providers new to the reporting process and a second webinar for providers who have prior experience reporting. You may need to register to view the recordings. There are some new features in the reporting portal so even experienced providers will likely benefit from listening. COVID-19 Vaccination and Monoclonal Antibody Treatment Information for Long-Term Care Providers Monoclonal Antibody Treatments Update - On January 24, 2022, the U.S. Food and Drug Administration reissued the emergency use authorizations for Eli Lilly’s bamlanivimab-etesevimab and Regeneron’s REGEN-COV monoclonal antibody therapy treatments, which states that these treatments are not authorized for use in any U.S. state, territory, or jurisdiction at this time. All state-supported monoclonal antibody therapy treatment sites will be closed until further notice. The full Florida Department of Health press release can be found here. Federal Vaccine Mandate AHCA Update on Vaccine Mandate On January 4, 2022, the Agency for Health Care Administration issued the following: The purpose of this alert is to notify health care providers of a new development related to the Biden Administration’s Centers for Medicare and Medicaid Services (CMS) rule mandating COVID-19 vaccines for health care workers. In response to legal challenges across the nation, CMS issued a memorandum on December 2, 2021, stating that enforcement of the Biden Administration’s vaccine mandate rule for health care workers would be suspended as long as court-ordered injunctions remain in effect. On December 28, 2021, CMS reversed course, issuing an updated memorandum to begin enforcing the vaccine mandate in 25 states, including Florida, despite the fact that court-ordered injunctions are still in effect in the other 25 states and lawsuits are pending in the United States Supreme Court and other federal courts across the nation. This memorandum adds significant regulatory requirements to the CMS vaccine mandate rule and creates a lack of uniformity among health care providers across the nation. Florida law prohibits private employers from imposing COVID-19 vaccine mandates unless certain broad exemptions are made available. Specifically, Section 381.00317, Florida Statutes, prohibits a private employer from imposing “a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out of such requirement on the basis of medical reasons, including, but not limited to, pregnancy or anticipated pregnancy; religious reasons; COVID-19 immunity; periodic testing; and the use of employer-provided personal protective equipment.” The Florida Agency for Health Care Administration (AHCA) will follow Florida law. Accordingly, AHCA will not survey for compliance with the CMS vaccine mandate rule. A health care worker who is terminated by a private employer as a result of a COVID-19 vaccination mandate that violates Section 381.00317, Florida Statutes, may file a complaint with the Attorney General’s Office. The Attorney General’s Office is authorized to impose administrative fines up to $10,000 per violation for an employer with fewer than 100 employees and up to $50,000 per violation for an employer with 100 or more employees. Employees seeking an exemption from a private employer vaccine mandate can obtain an exemption form here. Rule Update for Nursing Home Administrators Continuing Education
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