CMS Restores Certain Pre-COVID-19 Policies in LTC Facilities and NHs

The Centers for Medicare & Medicaid Services (CMS) recently announced guidance to restore minimum standards for compliance with CMS requirements in long-term care (LTC) facilities to protect the health and safety of nursing home (NH) residents.

CMS will accomplish these standards by phasing out temporary emergency declaration waivers that had been administered to provide facilities with flexibilities throughout the COVID-19 pandemic.

“With steadily increasing vaccination rates for nursing home residents and staff, and with overall improvements seen in NHs’ abilities to respond to COVID-19 outbreaks,” wrote CMS in a press release. “CMS is taking steps to phase out certain flexibilities that are generally no longer needed to re-establish certain minimum standards while continuing to protect the health and safety of those residing in skilled nursing facilities/nursing facilities.”

CMS noted that during the Public Health Emergency regulations, sub-regulatory guidance, and emergency waivers were utilized to offer health care providers necessary guidance to respond to the pandemic.

According to CMS, they have monitored NH data and used it to inform decision making. For inpatient hospices, end-stage renal disease facilities, and intermediate care facilities for individuals with intellectual disabilities some waivers will also be terminated.

“Patient and resident health and safety are top priorities for CMS, and today’s actions are focused on ensuring every NH resident is cared for in a safe, high-quality environment,” said CMS Administrator Chiquita Brooks-LaSure. “We’ve learned a lot from the pandemic over the last 2 years and are committed to using that knowledge to re-envision the next chapter of health care quality and patient safety and build a stronger health care system.”

Issues with resident care unrelated to infection control such as depression, increases in residents’ weight-loss, and pressure ulcers were noted in recent onsite LTC survey findings. Lack of training for nurse aides could be a contribution to these issues, wrote CMS.

CMS is working to aid NHs to ensure its residents mental, physical, and psychosocial needs are met by redirecting efforts back to meeting the regulatory requirements.

To ensure state agencies and providers have the necessary time to adjust their operations, CMS will end specific waivers in 2 groups: the first will end 30 days from this new guidance being issued and the second will end 60 days from issuance.

Reference:
Centers for Medicare & Medicaid Services. CMS returning to certain pre-COVID-19 policies in long-term care and other facilities. Published April 7, 2022. Accessed April 8, 2022. https://www.cms.gov/newsroom/press-releases/cms-returning-certain-pre-covid-19-policies-long-term-care-and-other-facilities