Articles and Blogs

Recently, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Revised COVID-19 Survey Activities, CARES Act Funding, Enhanced Enforcement for Infection Control deficiencies, and Quality Improvement Activities in Nursing Homes” (the “Memorandum”) that details new triggers and criteria for focused infection control surveys for... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as their residents and staff encounter COVID-19. During the COVID-19 pandemic, Centers for Medicare & Medicaid Services (“CMS”) and state departments of health have focused on infection control surveys, programs, and prevention. This week, the Centers for Disease Control and Prevention, Center for Preparedness and Response... READ MORE

On April 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released 279 pages of interim final regulations to add a new provision at 42 CFR 483.80(g)(1), to require facilities to electronically report to the Centers for Disease Control and Prevention (“CDC”) information about COVID-19 in a standardized format specified by CMS. What... READ MORE

Visitation, residents leaving and returning, telephone surveys, hospitalized patients being discharged to a nursing home and other issues have been challenging for skilled nursing facilities (“SNFs”) and nursing facilities (“NFs”) (in this alert, SNFs and NFs are collectively Long‑Term Care Facilities “LTC Facilities”) as they navigate the evolving government guidance. On April 24, 2020,... READ MORE

The reporting and disclosure of COVID-19 positive cases have been a hot button issue for nursing homes (“NHs”). On April 19, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Upcoming Requirements for Notification of Confirmed COVID-19 (or COVID‑19 Persons under Investigation) Among Residents... READ MORE

On March 23, 2020, Centers for Medicare & Medicaid Services (“CMS”) announced the preliminary results of a recent survey of a nursing home in Kirkland, Washington, the epicenter of the COVID-19 outbreak in Washington. According to a Centers for Disease Control and Prevention (“CDC”) report, 81 residents, 34 staff and 14 visitors also became... READ MORE

Due to the strain on the entire health care system caused by the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (“CMS”) issued a memo on March 23, 2020, prioritizing certain surveys of long-term care facilities and halting all other surveys for three weeks. Specifically, the memorandum prioritizes surveys for (1) complaints and... READ MORE

On March 10, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (“COVID-19”) in Home Health Agencies (“HHAs”)” (“QSO Memo”) that announced recommendations for HHAs regarding taking appropriate action to address potential and confirmed COVID-19... READ MORE

On March 17, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum titled “Information for PACE Organizations Regarding Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19)” (“CMS Memo”) that announced COVID‑19 guidance for Programs of All-Inclusive Care for the Elderly (“PACE”) program organizations (“PACE Organization”). The PACE program is a... READ MORE

On March 13, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a second revision of a memorandum entitled “Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (“COVID-19”) in nursing homes (REVISED)” (“QSO Memo”) that announced recommendations for skilled nursing facilities (“SNFs”) regarding restricting visitors, transfers... READ MORE