News

On July 25, the US Department of Health and Human Services, Office of Civil Rights (OCR), issued a Notice of Proposed Rulemaking to revise regulations relating to Section 1557 of the Affordable Care Act (Section 1557), which prohibits discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities.

The July 2022 Care Compare refresh includes the addition of nursing home staff turnover rates and weekend nurse staffing levels to the Five-Star Quality Ratings. The refresh also consists of a change to how staffing scores can impact a nursing home's Overall Five-Star Quality Rating.

Providers across the state must utilize data per regulatory requirements to help determine specific COVID-19 protocols, yet many data sources from different regulators can confuse the process.

In February, the Centers for Medicare and Medicaid Services (CMS) issued expanded guidance for the COVID-19 In-Person Visitation Aid Grants available to nursing homes.

On June 13, US Senators Mark R. Warner (D-VA) and Tim Scott (R-SC) introduced S.4381, the Ensuring Seniors' Access to Quality Care Act, which would address the "CNA lockout" that's contributing to the long-term care staffing crisis across the country.

On June 29, the Centers for Medicare and Medicaid Services (CMS) released long-awaited updates to the nursing home surveyor guidance found in Appendix PP to the State Operations Manual.

By now, you know that the Minnesota State Legislature adjourned at the end of last month without spending any of the state's $9 billion budget surplus. Even though negotiations have crumbled, we cannot stop our advocacy!

This week, CMS announced that survey oversight of the staff vaccination mandate for Medicare and Medicaid-certified providers and suppliers will continue to be performed during initial and recertification surveys but will now only be performed in response to complaints alleging non-compliance with this requirement, not all complaint surveys. This news comes after CMS determined that 95% of nearly 12,000 providers and suppliers surveyed by states have been in substantial compliance with this requirement.

Although the House and Senate are in recess this week, there's no shortage of work left to be done before Congress adjourns ahead of the midterm elections. What began as the Build Back Better plan is now being reshaped into a much narrower, inflation-fighting measure that would amount to a fraction of the spending in the original bill.

LeadingAge Minnesota submitted comments this week urging OSHA not to make its Emergency Temporary Standard (ETS) for COVID-19 a permanent part of the regulatory landscape.

We encourage care centers to participate in a letter-writing campaign targeted at payment cuts proposed by the Centers for Medicare & Medicaid Services (CMS).

The Minnesota Department of Human Services (DHS) has been notified by The Centers for Medicare & Medicaid Services (CMS) of their plans to conduct site visits of several provider settings this summer to review their compliance with the Home and Community-Based Services (HCBS) Settings Rule. Site visits will occur the week of July 25.

In a recent national stakeholder call, the Centers for Disease Control and Prevention (CDC) previewed changes coming to the COVID-19 Long-Term Care Facility module and vaccination reporting module in NHSN. Beginning May 23, reporting in both modules will be streamlined to simplify some reporting.

Several of the CMS blanket COVID-19 waivers are expiring on May 7.

In a memorandum released last month, the Centers for Medicare and Medicaid Services (CMS) announced that it will terminate several temporary emergency declaration blanket waivers that have provided nursing facilities and other provider types with flexibilities designed to support the COVID response.

The expedited Paid Feeding Assistant training allowed by CMS throughout the pandemic will end in June.

Last year, the Minnesota Department of Health (MDH) modified the minimum training requirement for Paid Feeding Assistants from eight hours to one hour under a waiver from the Centers for Medicare & Medicaid Services (CMS). In an April 7 Memorandum, CMS announced it will terminate the waiver on June 6.

A critical COVID-19 waiver allowing Basic Care Aids to serve seniors through the pandemic is expiring; caregivers must be on the Nursing Assistant Registry by Oct. 6.

In public comments filed last week, Argentum and LeadingAge urged the Occupational Safety & Health Administration (OSHA) not to make the agency's Emergency Temporary Standard (ETS) for COVID-19 a permanent part of the regulatory landscape.

The latest LeadingAge quarterly survey of affordable housing providers shows lower COVID-19 cases among residents in senior housing communities across the country. However, the survey results also show higher rates of COVID-19 among staff and persistent challenges in hiring and retaining service coordinators and other staff.

Plastikon Healthcare, LLC is voluntarily recalling three lots of Milk of Magnesia 2400 mg/30 mL Oral Suspension, one lot of Acetaminophen 650mg/ 20.3mL, and six lots of Magnesium Hydroxide 1200mg/Aluminum Hydroxide 1200mg/Simethicone 120mg per 30 mL. 

Centers for Medicare and Medicaid Services (CMS) has posted updated interpretive guidance concerning the staff vaccination mandate, with a revision date of April 5. We encourage care centers to review QSO 22-07-ALL (Revised) and the changes to Attachment A.