Gov. Northam Issues Executive Order
In light of the current wave of COVID-19 infections and the related increase in hospitalizations, Gov. Ralph Northam issued
Executive Order (EO) 84. This limited emergency order will help nursing homes and other providers by allowing public health agencies greater flexibility to increase staffing capacity and other measures. The authorizations established the EO be in effect until February 11, unless it amended or rescinded by further executive order.
VHCA-VCAL encourages members to read EO 84 in its entirety. Among the flexibilities established by the EO, these are of greatest relevance to nursing facilities:
Bed Capacity
Authorizes the State Health Commissioner to increase licensed bed capacity for any general hospital or nursing home licensed by VDH as determined necessary by the Commissioner to respond to increased demand for beds resulting from COVID-19.
Out-of-State Licensees
A license issued to a health care practitioners, pharmacists, pharmacy interns, or pharmacy technician by another state, and in good standing with such state, shall be deemed to be an active license or registration issued by the Commonwealth to provide health care or professional services as a health care practitioner provided the practitioner is engaged by a hospital, licensed nursing home, or other specified facilities for the purpose of assisting that facility with public health and medical and health operations.
Hospitals, licensed nursing facilities, and dialysis centers providers in Virginia can write a letter to DHP on their letterhead prior to or within a reasonable time after employing or engaging an out-of-state licensed provider. Provide DHP the following information:
- Name of the licensed provider
- State of licensure
- License type
- License number
VHCA-VCAL also recommends providers make sure any additional licensees are covered under a professional liability policy or added to the facility’s policy.
Pre-admission Screening Waiver for Hospitals
The EO includes a suspension of pre-admission screening applicable only to hospital screening teams.
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Important reminder: As of January 1, 2021, nursing facility screening teams are responsible for conducting LTSS Screenings for non-Medicaid members admitted to a nursing facility who have a change in financial status and require intermediate care facility level of care. Because the Preadmission Screening and Resident Review (PASRR) screening is coupled with the LTSS Screening for Virginia’s Medicaid program, the screening team responsible for conducting the PASRR screening prior to admission is determined by whether an individual being admitted to a nursing facility is required to have a LTSS Screening before admission.
Temporary Nurse Aides
The EO includes language related to temporary nurse aides (TNAs). However, this language was not necessary because VHCA-VCAL advocated for language to be included in the state’s 2021 budget or allocate ARPA Funds to reinstate eligibility for TNAs to take the National Nurse Aid Assessment Program examination for as long as the federal 1135 waiver remains in place.
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Important reminder: The 1135 Waiver is tied to the federal public health emergency (PHE). AHCA/NCAL wrote to the US Secretary of Health and Human Services last week to request a continued extension of the PHE as long term care providers continue to fight COVID-19. AHCA/NCAL and VHCA-VCAL will provide you with notice on any announcements related to the PHE and the 1135 Waiver.
Administration of COVID-19 Vaccine by LPNs
A licensed practical nurse may administer the COVID-19 vaccine without the supervision of a registered nurse or licensed medical practitioner.
