06.05.22 | Noreen Hiltsley

CMS to End Certain COVID-19 Waivers


The Center for Medicare and Medicaid Services released a memorandum on April 7th  to state agencies announcing the ending of specific Public Health Emergency (PHE) waivers in two different time frames: May 7th and June 7th.

The following waivers related to SNF’s will end on May 7th:

  • Resident Groups: This waiver permitted the facility to restrict in-person meetings during the PHE
  • Physician Visits: CMS waived the requirement for physicians and non-physician practitioners to perform in-person visits for nursing home residents and allow visits to be conducted, as appropriate, via telehealth options
  • Physician Delegation of Tasks in SNFs: CMS waived the requirement that prevents a physician from delegating a task when the regulations specify that the physician must perform it personally
  • Quality Assurance & Performance Improvement (QAPI): CMS modified certain requirements which require long-term care facilities to develop, implement, evaluate, and maintain an effective, comprehensive, data-driven QAPI program
  • Detailed Information Sharing for Discharge Planning for LTC Facilities: CMS modified the requirement that LTC facilities are to assist residents and their representatives in selecting a post-acute care provider
  • Medical Records: CMS modified the requirement which requires long-term care (LTC) facilities to provide a resident a copy of their records within two working days

The following waivers related to SNF’s will end on June 7th:

  • Physical Environment: CMS waived requirements to allow for a non-SNF building to be temporarily certified and available for use by a SNF in the event there were needs for isolation processes for COVID-19 positive residents
  • Facility & Medical Equipment Inspection, Testing & Maintenance: CMS waived ITM requirements for facility and medical equipment to reduce exposure to COVID-19
  • Life Safety Code (LSC) and Health Care Facilities Code (HCFC) ITM: CMS waived ITM required by the LSC and HCFC, with specified exceptions, which permitted facilities to adjust scheduled ITM frequencies and activities
  • Outside Windows and Doors: CMS waived the requirement to have an outside window or outside door in every sleeping room. This permitted spaces not normally used for patient care to be utilized for patient care and quarantine.
  • Paid Feeding Assistants for LTC Facilities: CMS modified the requirements regarding required training of paid feeding assistants to allow that training can be a minimum of one hour in length
  • In-Service Training for LTC Facilities: CMS modified the nurse aide training requirements for SNFs, which required the nursing assistant to receive at least 12 hours of in-service training annually
  • Training and Certification of Nurse Aides: CMS waived the requirements which require that a SNF  may not employ anyone for longer than four months unless they met the training and certification requirements

Source:  CMS’ Memorandum: QSO-22-15-NH & NLTC & LSC

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