Mellette PC is dedicated to keeping our clients abreast of the constant changes the health care landscape is currently undergoing in response to the COVID-19 pandemic. To that end please see the list of federal, state, and Mellette PC resources and announcements that detail the changes made to the health care system in response to COVID-19. This list will change as new resources and materials are published.
Coronavirus Commission for Safety and Quality in Nursing Homes – CMS will have an independent commission assess the nursing home response to the COVID-19 pandemic
Nursing Home Five Star Quality Ratings System and Staff Counts Updates – Health inspection domain of the Five Star Rating System held constant and CMS is releasing facility staffing information
COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers – Blanket waivers for long term care and skilled nursing facilities.
Nursing Home Survey Activity – The guidance concerning the prioritization and limitation of survey activities released on March 23 has been extended until further notice
COVID-19 LTC Transfer Scenarios – Guidance for transferring or discharging residents between facilities for the purposes of cohorting based on COVID-19 status
OSHA Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces – Enforcement discretion will be exercised if employers have made good faith efforts to comply with Respiratory Protection requirements, expanded on earlier guidance
Families First Coronavirus Response Act
Executive Order 60 – Clarifies grants of statutory immunity given to health care providers from liability for injuries or deaths that occur during the provider’s response to COVID-19
Executive Order 58 – Suspends preadmission screenings for nursing facility admission, waives FAMIS plan copays, waives some requirements for replacement of DME, extends the time some staff can work while criminal registries are checked from 30 to 60 days, and waives 30-day advance notice and comment period requirement for DMAS
COVID-19 Testing Guidance – VDH guidance on prioritizing testing for COVID-19
Executive Order 57 – During the State of Emergency a health care practitioner license issued and in good standing in another state will be deemed issued by the Commonwealth of Virginia, counselors can seek temporary licensure by endorsement, other state practitioners can provide telehealth services to current patients that are Virginia residents, relaxed some requirements for interns, residents, and medical students to allow them to practice
Suspension of DSS Licensing Assisted Living Facility Regulation Requirements – Leniency and waivers given to ALFs during the COVID-19 State of Emergency.
Temporary Waivers for Nursing Practice:
Executive Order 52 – Increase in hospital bed capacity in response to COVID-19
Executive Order 51 – Declares a State of Emergency in Virginia due to COVID-19
Client Advisory on Executive Order 60 – Discusses the statutory immunity granted to health care providers during the COVID-19 Public Health Emergency
Client Advisory on Executive Order 57 – Discusses the temporary licensure and telehealth flexibility granted to practitioners licensed in other states and the temporary authority to practice granted to Nurse Practitioners, residents, interns, and medical students
Client Advisory on DMAS Announced Provider Flexibilities Related to COVID-19 – Covers changes related to billing for COVID-19 related services, telehealth, and other waivers and flexibilities
Should you, your practice, or your business have any questions regarding the resources, please contact Peter Mellette, Nathan Mortier, Harrison Gibbs, Elizabeth Dahl Coleman, or Scott Daisley at Mellette PC.
This client advisory is for general educational purposes only and does not cover every provision of the interim final rue. It is not intended to provide legal advice specific to any situation you may have. Individuals desiring legal advice should consult legal counsel for up-to-date and fact-specific advice.