KHCA/KCAL is committed to providing our members with important updates. Below is a list of the most recent information. Please visit our website for a list of complete updates. www.khca.org/covid-19-resources
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U.S. Supreme Court Issues Vaccine Mandate Decisions
The U.S. Supreme Court today issued opinions in the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination requirement cases.
The bottom line is as follows:
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The preliminary injunctions against enforcement of the CMS interim final rule have been stayed, meaning that CMS can enforce its IFR nationwide; and
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The OSHA emergency temporary standards have been stayed, meaning they cannot be enforced.
What This Means for Long Term Care Providers
Nursing facilities and facilities that care for individuals with disabilities (ICF/IIDs) nationwide will be required to implement CMS’ rule. Assisted living providers are not included in the CMS IFR and are now not subject to a federal vaccine/testing requirement.
The QSO memo specific to nursing homes outlines the requirements that long term care providers must meet in order to be in compliance with this rule. AHCA/NCAL has highlighted key points below, but providers are strongly encouraged to review the QSO memo in full.
Which staff fall under the rule?
Staff refers to all individuals providing any care or services for the facility and its residents, whether under contract or arrangement. The only individuals this does not apply to are individuals who telework full time or who provide services entirely remotely.
When are facilities required to be in compliance?
CMS implementation will be phased in as follows:
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January 27, 2022 for the first dose, which includes:
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Policies and procedures developed and implemented (template policies and procedures are available on the AHCA/NCAL COVID-19 website under 'Vaccines').
- 100 percent of staff having received one dose of vaccine, except those with or pending an exemption request and those having a temporary delay recommended by the CDC.
- A facility above 80 percent and has a plan to achieve a 100 percent staff vaccination rate within 60 days would not be subject to enforcement action (e.g., civil monetary penalties [CMPs]).
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February 28, 2022 for the second dose, which includes:
- Policies and procedures developed and implemented.
- 100 percent of staff having completed the vaccine series, except those with granted exemption request and those having a temporary delay recommended by the CDC.
- A facility above 90 percent and has a plan to achieve a 100 percent staff vaccination rate within 30 days would not be subject to enforcement action (e.g., CMPs).
- Facilities with less than 100 percent staff vaccination rates may be cited but will be exempted from enforcement actions (e.g., CMPs) if they meet the following criteria:
- January 27, 2022: Facility has more than 80 percent staff vaccination and a plan to achieve a 100 percent staff vaccination rate within 60 days.
- February 28, 2022: Facility has more than 90 percent vaccination rates and a plan to achieve a 100 percent staff vaccination rate within 30 days.
How will compliance be determined?
Compliance will be determined through the regular survey process, including through standard and complaint visits. Facilities are expected to track vaccination status, including booster status for each staff person and any exemptions, using a tracking tool of their choice. A facilities' tracking mechanism should clearly identify each staff's role, assigned work area, and how they interact with residents. Survey teams will also ask for information on how unvaccinated staff are assigned and additional precautions taken to prevent transmission. CMS will provide a tool for facilities to use.
How will citations, including scope and severity, be determined?
Facilities found out of compliance (less 100 percent of staff vaccinated, not including those with valid exemptions) will receive a citation with scope and severity based on staff vaccination rates, number of COVID-19 cases, policy and procedure implementation, and infection control practices.
On page 10-11 of the QSO memo, CMS provides detailed guidance on scope and severity and a scope and severity grid on page 14.
Do unvaccinated staff need to follow any special precautions?
Yes, staff who are not yet fully vaccinated, who have a pending or been granted an exemption, or who have a temporary delay as recommended by the CDC must adhere to additional precautions that are intended to mitigate the spread of COVID-19. This includes, but is not limited to:
- Reassign unvaccinated staff to non-patient areas and duties.
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Require staff who have not completed their primary vaccination series to follow additional CDC-recommended precautions, such as adhering to universal source control and physical distancing measures even if the facility is located in a county with low-to-moderate community COVID transmission. Although OSHA’s vaccine mandate is not in effect, there are additional OSHA-required measures which should also be followed.
- Require at least weekly testing.
- Require use of a NIOSH-approved N95 or equivalent or higher-level respirator for source control, regardless of whether they are providing direct care to or otherwise interacting with patients.
Previous AHCA/NCAL webinars provided detailed information on how to implement medical and religious exemptions. The Association will host a webinar on implementing the CMS IFR next week; additional information will be provided soon.
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Weekly COVID-19 Vaccine Newsletter from KDHE
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Kansas State Board of Nursing Update
Click here for an update that provides an overview of Executive Order No. 22-01 and the impacts on nursing practice.
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CMS to add two more ICD-10 Codes starting April 1, 2022
In response to the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (CMS) is implementing 2 new procedure codes, in addition to the 7 new procedure codes previously announced, bringing the total to 9 new procedure codes, to describe the introduction or infusion of therapeutics, including vaccines for COVID-19 treatment, into the International Classification of Diseases, Tenth Revision, Procedure Coding System (ICD-10-PCS), effective April 1, 2022.
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National Stakeholder Call with the CMS Administrator (1/18/21)
You are invited to join the Administrator of the Centers for Medicare & Medicaid Services (CMS), Chiquita Brooks-LaSure, and her leadership team, as we acknowledge the extraordinary legacy of Dr. Martin Luther King, provide updates on the CMS Strategic Vision and key 2021 accomplishments, and take a look ahead to our goals for 2022. The Administrator’s vision is for CMS to serve the public as a trusted partner and steward dedicated to advancing health equity, expanding coverage, and improving health outcomes as we engage the communities we serve throughout the policymaking and implementation process. We invite you to join us for this second national stakeholder call to learn more about how you can partner with us as we implement our vision.
When: January 18, 2022 from 1:00 PM (ET) - 1:45 PM (ET)
Speakers:
- CMS Administrator, Chiquita Brooks-LaSure
- Principal Deputy Administrator and Chief Operating Officer, Jon Blum
- CMS Leadership Team
Who should attend: National and local CMS stakeholders and partners
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FRIDAY! Leadership for Charge Nurses
1/14/2022
8:30am-5:00pm
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KDHE issues quarantine and isolation guidance to more align with CMS
As of 1/10/2022, KDHE will apply this guidance, with one modification, to all health care personnel working in all healthcare facilities in Kansas.
Below are two links. The first is a one pager with information for health care workers and the general public. The second link is an FAQ document regarding KDHE’s quarantine and isolation guidance. For more information click here.
KDHE Guidance for Isolation & Quarantine + FAQs can be found here.
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Now Available: Resource on Avoiding Common NHSN Data Reporting Errors
AHCA/NCAL receives frequent questions regarding National Healthcare Safety Network (NHSN) reporting and common errors encountered by providers. To assist with these questions, the Association has developed a resource on common NHSN errors and how to avoid them. To reduce gaps in reporting, it is highly recommended to have at least two people with security access to the NHSN reporting pathways.
AHCA/NCAL continues its advocacy efforts with the Centers for Medicare and Medicaid Services for reduction in reporting burden. Please contact NHSN@CDC.gov with any additional questions.
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Simple Strategies to Stay on Top of Resident Changes
We have all been in difficult situations where if we noticed the problem early and dealt with it right away, it could have been avoided. Noticing and communicating changes that might signal or lead to something more serious is important. READ MORE
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8 Week Webinar Series: Winning the Fall Prevention Battle
This 8-week series running February-March 2022 guides the interdisciplinary team through the elements of an effective falls prevention program. Sessions focus on assessment strategies that guide targeted risk-based interventions, responding to a fall event, and promoting a fall prevention environment. Presented by a team of nurse and therapist experts, this series aims to provide the insights and tools needed to implement improved falls prevention programs in the SNF/LTC/AL setting.
Register for the whole series by February 1 and receive a 20% discount.
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This 12-month webinar series emphasizes skill building for the Post-Acute Care Infection Preventionist with a focus on establishing and managing an effective IPC program in the SNF/LTC/AL setting.
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Webinar: The Proficient Infection Preventionist Series: Roles & Responsibilities of the Capable Infection Preventionist
1/18/2022
1:30pm-2:30pm
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RAC-CT Certification Virtual Workshop
1/19 - 1/28/22
8:20am – 12:30pm daily
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Virtual Adult Care Home Operators Course
2/9-2/22/2022
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Kansas Health Care Association and the Kansas Center for Assisted Living
1100 SW Gage Blvd. | PO Box 4770 | Topeka, KS 66604
PH: 785-267-6003 FAX: 785-267-0833
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