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.

VCAL will hold its annual ALF symposium on November 19th. This year, the symposium will largely focus on the challenges COVID-19 presents to ALFs. Nathan Mortier, a partner at Mellette PC, will present at the symposium on the Operational Impacts of COVID-19 on ALFs and the new COVID-19 Department of Labor and Industry Workplace Requirements and Their Impact on ALFs.


Resources Concerning the New OSHA Emergency Temporary Standard for the Healthcare Workplace

EEOC Guidance on COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws

Interim Final Rule on COVID-19 Vaccination Requirements for LTCFs and ICFs-IID

Updated CMS Guidance on Nursing Home Visitation

Revised CMS Guidance on Enhanced Enforcement for Infection Control Deficiencies

CDC Overview on Vaccination Distribution for Long Term Care Residents

HHS NHSN Point of Care Testing Reporting Requirement – Instructions on how to increase your SAMS access to report through this module are available here.

CMS Guidance on Meeting the Emergency Preparedness Testing Exercise Requirements in Light of the COVID-19 PHE

CDC Guidance on COVID-19 Testing in Nursing Homes

AHCA and NCAL Guidance on COVID-19 Testing Requirements in Nursing Homes

COVID-19 Public Health Emergency Extension – Public Health Emergency extended until January 23, 2021. All waivers and temporary rules that are tied to the duration of the Public Health Emergency are similarly extended through January 23, 2021.

FAQs on CMP In-Person Visitation Aid Applications

CDC Information on How COVID-19 Spreads

AHCA and NCAL Guidance on OSHA Obligations When PPE Supply is Critically Low or Unavailable

AHCA and NCAL Recommendations for N95 Respirator Shortages

CMS Nursing Home Reopening Recommendations

COVID-19 FAQs on Medicare FFS During COVID-1

CMS Emergency Rule on COVID-19 Testing, Reporting, and Documentation Requirements

CMS Guidance on COVID-19 Testing, Reporting, and Documentation Emergency Rule

CMS Data on County Positivity Rates

SNF QRP Tip Sheet

CMS FAQs on Nursing Home Visitation

CMS Recommendations for Re-Opening Facilities to Provide Non-Emergent Healthcare

OSHA Return to Work Guidance

EEOC Guidance on COVID-19 and EEO Laws

CDC Testing Guidelines for Nursing Facilities

CDC Update on COVID-19 Symptoms

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

Interim Final Rule Detailing CMS Policy and Regulatory Revisions in Responses to COVID-19

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

CDC Return to Work Criteria for HCP with Confirmed or Suspected COVID-19

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

CDC Strategies to Optimize PPE

CMS LTCF Guidance

CMS Guidance for Infection Control and Prevention of COVID-19 in Nursing Homes

Families First Coronavirus Response Act

CMS Medicare Beneficiaries Telehealth Expansion and OIG Policy Statement

CMS Nursing Home Resource Center

CDC Guidance on Testing and Management of Nursing Home Residents with Acute Respiratory Illness Symptoms When COVID-19 and the Flu are Co-Circulating

CDC Protocol for Investigating Suspected COVID-19 Reinfection

CDC Investigative Criteria for Suspected COVID-19 Reinfection

OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

CDC Guidance on Interpretation of Antigen Testing in Long-Term Care Facilities


VDH Interim Guidance on Closing a Healthcare Facility to New Admissions or Readmissions during the COVID-19 Pandemic

DSS COVID-19 Vaccination Updates for ALFs

VDH Presentation on LTC COVID-19 Vaccine Options

Changes to ALF ISP Requirements

Department of Labor and Industry COVID-19 Workplace Regulations

VDH Letter to LTCF Administrators – Dr. Oliver sent a letter to LTCF Administrators reminding them of several of the actions they should be taking to keep residents safe and healthy during COVID-19.

VDH Nursing Home Re-Opening Guidance FAQs

DSS Guidance on the Re-Opening of Assisted Living Facilities

VDH Nursing Home Guidance on Phased Re-Opening

DSS Memo on Point Prevalence Surveys

Executive Order 65 – Moves Virginia into Phase 2 of re-opening and details the restrictions that apply during Phase 2.

Executive Order 63 – Requires people to wear face masks while entering buildings and businesses in the Commonwealth.

Executive Order 61 – Moves Virginia into Phase 1 of re-opening and details the restrictions that apply during phase 1.

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 Licensing Inspection Procedures for Programs Licensed by DSS

VDH Optimization Strategies for PPE in LTCFs

Temporary Waivers for Nursing Practice:

DSS Guidance on Restricting Visitors, Cancelling Group Activities, and Screening Residents and Staff

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

VDH February 8, 2021 COVID Update for Virginia Long-Term Care Facilities

VDH COVID Vaccine Information

VDH Antigen Testing Recommendations

VDH Considerations for PPE and Cohorting during COVID-19 in Long-Term Care

VDH Interim Recommendations for Duration of Quarantine for Healthcare Personnel

VDH COVID-19 Playbook

VDH Infection Prevention and Control Guidance FAQs for Nursing Homes

Mellette PC

Client Advisory on CMS’s Updated Guidance on Nursing Home Visitation

Client Advisory on CMS COVID-19 Testing, Reporting, and Documentation Requirements

Client Advisory on Virginia DOLI COVID-19 Workplace Standards

Client Advisory on State Agency Guidance Evolves on Nursing and Assisted Living Facility Re-Opening

Client Advisory on Changes to Nursing Home Reporting Requirements

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 Temporary Waivers for Nursing Practice

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

Client Advisory on Families First Coronavirus Response Act

Client Advisory on CMS Expansion of Access to Telehealth Services by Medicare Beneficiaries and OIG’s Accompanying Policy Statement

Should you, your practice, or your business have any questions regarding the resources, please contact Peter Mellette, Harrison Gibbs, Elizabeth Dahl Coleman, or Scott Daisley at Mellette PC.

This client advisory is for general educational purposes only and does not cover all possible COVID-19 information you might need. 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.

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