In late January 2020, a federal Public Health Emergency (PHE) was declared in response to the COVID-19 pandemic. This led to some changes in rules and policies affecting residents’ rights, Medicaid, Medicare, and facility operations. The PHE officially ended on May 11, 2023. As a result, there have been updates on some key laws and regulations:
COVID-19 Vaccines, Testing, Masking:
- Nursing homes will continue to educate residents and staff on the COVID-19 vaccine and offer to help them get vaccinated.
- Staff vaccination requirements have ended – although all residents, staff, and visitors are encouraged to stay up to date with COVID-19 vaccinations.
- Routine testing of staff and residents without symptoms is no longer recommended. However, nursing homes must comply with accepted standards, such as CDC recommendations for testing. Residents and staff with signs or symptoms of COVID-19, regardless of vaccination status, must be tested as soon as possible.
- Requirements for masking in nursing homes vary by community. Talk to your nursing home’s administration about requirements in your facility. Remember, you have the right to wear a mask if you choose.
- Residents' rights that were waived, such as to choose roommates or refuse relocation within the facility, and the right to receive notice before transfer to contain or treat COVID, are reinstated. Residents who were moved for these reasons should be given a choice to return to their original room or nursing home or remain in their new location, depending on room availability.
- Nurse aides must complete training and certification requirements within four months from the end of the PHE.
Eligibility for Medicaid:
- During the PHE, states could not terminate an individual’s eligibility for Medicaid. Now, states will be issuing eligibility redeterminations, which are based on a person’s income, assets, and functional ability. Residents and their representatives should ensure their contact information is up to date with the Medicaid agency. Medicaid enrollees who receive a notice of potential termination have the right to appeal the decision and to a hearing.
Should you have any questions regarding the above changes, please feel free to?contact us.
