New Trump Nursing Home COVID-19 "Recommendations" Really A Warning To Clean Up Infectious Disease Compliance

Skilled nursing and other long term care facilities commonly known as "nursing homes" ("LTC facilities"),[i] rehabilitation, assisted living, retirement and other facilities and communities caring for elderly, disabled, aged or other infirm patients or residents should use recently released tools to confirm the adequacy of and update their current COVID-19 and other infectious disease prevention and control and other key policies and practices with the latest Centers for Medicare & Medicaid Services (CMS) and Centers for Disease Control and Prevention (CDC) requirements and guidelines in light of recently announced changes to CMS nursing home inspection policies (the "Targeted Inspection Policy")[iii] that target nursing homes with COVID-19 outbreaks or death for likely inspection announced March 23, 2020 including all existing requirements including new "recommendations" on nursing homes on COVID-19 preparedness and response announced April 2, 2020 (the "April Recommendations").[iii]  

Prompted by the continuing explosive growth in COVID-19 infection and deaths among nursing home residents and widespread deficiencies found during recent inspections at the Kirkland, Washington Life Care Center nursing homes (the “Kirkland Facilities”) made notorious by the death of 23 people and other nursing homes with COVID-19 inspections, the Targeted Inspection Policy and April Recommendations supplement and give more teeth to the CMS Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (the “3/3 Directive”)[iv] previously released by CMS released in conjunction with President Trump’s Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (“COVID Emergency Declaration”) in response to concerns raised by reports of 19 COVID-19 related deaths at the Kirkland Facilities[v] on March 13, 2020.  While presented as "recommendations" and accompanied by new tools to intended to help nursing homes strengthen their COVID-19 defenses, the April Recommendations read in conjunction with the Targeted Inspection Policy implemented last week make clear that nursing homes that the Trump Administration intends fully expects nursing homes to correct deficiencies in their infectious disease practices and policies that imperil patients and intends to hold facilities that fail to follow "recommendations" to fix compliance concerns accountable.

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About the Author

Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis? Martindale-Hubbell? as “LEGAL LEADER? Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney, health industry and management consultant, author, public policy advocate and lecturer widely known for 30+ years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications. As a significant part of her work, Ms. Stamer has worked extensively on pandemic, business and other crisis planning, preparedness and response for more than 30 years. She also presently serves as Vice Chair of the ABA International Section Life Sciences Committee, Scribe for the ABA JCEB Annual Agency Meeting with OCR, past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group and speaks and publishes prolific and health industry, workforce and other related concerns. For additional information about matters discussed in this update or Ms. Stamer, her work, experience or involvements, see www.cynthiastamer.com or contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297. ?2020 Cynthia Marcotte Stamer. All rights reserved.