NYS Health Facilities Association Response to Governor’s New Nursing Home Policy

Condensed CMS Policies and Procedures

The president and CEO of the New York State Health Facilities Association and the New York State Center for Assisted Living, Stephen Hanse, recently issued a statement responding to the NY Governor’s policies announced at a recent press conference. Among the policies addressed was the discontinuance of a policy allowing hospitals to discharge patients who have tested positive or were suspected of having COVID-19 into nursing homes.

Mr. Hanse said he “applauded the governor’s new testing directive to safeguard nursing home residents and staff,” but indicated the need for “assistance from state government to increase its on-site availability of testing for skilled nursing and assisted living employees.”

Additionally, Hanse said this—

“Many state governments, including New Jersey, Massachusetts, West Virginia and Florida, have directed their state’s National Guard to help with testing in the immediate term at nursing home facilities of all residents and caregivers, and even help with short-term staffing shortages if caregivers test positive. We ask for similar assistance here in New York from our state leaders.

What New York’s nursing homes and assisted living facilities urgently need now is for HHS to fulfill the request by the American Health Care Association and National Center for Assisted Living (AHCA/NCAL) to provide a $10 billion in emergency relief fund to help long term care facilities pay for testing, PPE equipment, and staffing. Without immediate and urgently needed funding, nursing homes are at a significant disadvantage in responding to this unprecedented health crisis.”

Mr. Hanse’s organizations represent nearly 400 skilled nursing providers and adult care/assisted living communities with more than 100,000 employees who provide essential long-term care services throughout New York.

Compliance Perspective

Inability to test residents and staff for COVID-19, not having sufficient PPE to help prevent the spread of the infection to residents and care giving staff, and staffing shortages resulting from caregivers testing positive, may result in nursing homes being unable to provide the level of care needed by the residents. This may be considered provision of substandard quality of care, in violation of state and federal regulations.

Discussion Points:

  • Review policies and procedures regarding following the guidelines provided by CMS and CDC for dealing with the Coronavirus.
  • Train staff to be diligent with observing infection control protocols, maintaining separation of staff caring for those with COVID-19 from those caring for residents without the disease, washing hands, and the proper wearing and disposal of PPE.
  • Periodically audit to determine if the Infection Control Plan is being followed, if testing is available where needed, and if residents with COVID-19 or who are suspected of being infected are isolated from those without the disease. Audit to ensure consistent assignments are in place that provide for separation of staff working with COVID-19 positive or suspected residents from staff members working with COVID-19 negative residents.  

HAND HYGIENE GUIDELINES FOR HEALTHCARE SETTINGS

COVID-19 FACILITY PREPAREDNESS SELF-ASSESSMENT