Highlights of This Week’s Meeting with KDADS
- Providers should carefully review CMS QSO 22-09*
- https://www.cms.gov/files/document/qso-22-09-all-injunction-lifted.pdf and
- https://www.cms.gov/files/document/qso-22-07-all-attachment-ltc.pdf to prepare for implementation of the vaccine requirement.
- KDADS, KDHE, the Veterans Commission, Department of Administration and other state agencies have had a preliminary meeting about the CMS Vaccine mandate. They will continue to meet to share what each agency has done/is doing related to the new requirements.
- From the conversation it appears that KDADS will be OK with accepting requests for exemptions in keeping with the new state law.
- Kansas assisted living/residential health care or home plus settings are not required to follow the vaccine mandate requirements (UNLESS they also work in a covered setting like a nursing home.)
- Providers can use proof of vaccination and exemption for contractors from the contractor firm and keep them on file in their records.
- KDADS is supposed to get the software update from CMS that will contain the survey pathway for use related to the new vaccine guidance.
- Vaccine mandate dates:
- January 22nd – KDADS will receive from the CMS software that contains the survey pathways to check for compliance.
- February 14th – CMS begins to enforce the new mandate
Antigen Test Kits
- Antigen test kits are no longer available to LTC though KDHE. (That limited supply is going to schools.) KDHE will continue to do outbreak testing for LTC facilities.
- KDADS shared the most recent list they have received about federal distribution of Binax test kits. Nursing Home | Assisted Living If there are issues or questions related to shipment deliveries, those should be directed to ARDxUSGovernmentSupport@abbott.com. If there are questions related to the HHS BinaxNOW distribution Program, those can be directed to the Binax Team Inbox (Binax.firstname.lastname@example.org).
- Please reach out to our Group Purchasing Advisor Ann Castro email@example.com for other options, if you are low on antigen test kits.
Send us your questions and we will field them with KDADS.
Kansas COVID-19 Cluster Summary
As of January 19th, there are 84 long-term care facilities with 5 or more cases. 24 are LeadingAge Kansas Members.
LTC Facilities with Active Cluster Case Information
- Clusters: 165 (with one or more case/s)
- Cases: 2,344
- Hospitalizations: 50
Statewide Active COVID-19 Clusters (all types)
- Clusters: 275
- Cases: 4,616
- Hospitalizations: 61
Overall in Kansas
- Cases: 621,273
- Total Case Rate Per 1,000: 213.25
- Daily Cases Diagnosed: 1,097
Kansas COVID-19 Vaccination Overview
- 4,030,348 Total Doses Reported as Administered
– First Dose: 1,894,118
– Second Dose: 1,513,014
– Third Dose: 623,216
- 5,121,100 Total Doses Distributed
– State Distributed: 2,894,600
- 60.6% of Kansans Vaccinated with One Dose
- 52.1% of Kansas Completed COVID-19 Vaccine Series
Must Read: Surveyor Training Course
Here is the surveyor training course on the vaccine requirements that is open for all to view.
CMS Vaccine Mandate – The First 30 Days
To support members’ preparation for compliance with the CMS Vaccine Mandate, we will breakdown the information into smaller pieces of information to ensure that members understand the requirements. Today, we will provide an overview of the elements required no later than February 13, 30-day after publication of the QSO memo.
According to the QSO-22-09-All Appendix A, nursing homes have 30 days to implement various aspects of the Interim Final Rule, including the policy and procedures and staff completing their first dose of a primary series, requesting or being approved for an exemption, or meeting criteria for a temporary delay in vaccination. A reminder that the QSO contains several Attachments based on the type of entity. LTC – Attachment A, Hospice – C, Critical Access Hospitals- I, Hospitals – D, ICF IID- F, HHA – G .) The 30-day requirements will be effective on Feb. 13, 2022, however, because this is a Sunday, enforcement will begin Feb. 14, 2022.
Prior to Feb. 14, 2022, nursing homes must:
Establish and implement policies and procedures that include:
- A process for all staff to become fully vaccinated for COVID-19, unless they are approved for a medical or religious exemption or meet criteria for a temporary delay in vaccination.
- Staff hired on or after February 13, 2022, must have a least the first dose in a primary vaccination series or a single-dose COVID-19 vaccine prior to providing any care, treatment, or other services for the nursing home or its residents.
- A process to ensure additional mitigation measures are taken to prevent the transmission and spread of COVID-19 among unvaccinated staff members that have requested or been approved for a medical or religious exemption or meet criteria for a temporary delay in vaccination.
- A process for ensuring that all documentation, which confirms recognized clinical contraindications to COVID-19 vaccines, and which supports staff requests for medical exemptions from vaccination, has been signed and dated by a licensed practitioner, who is not the individual requesting the exemption, and who is acting within their respective scope of practice as defined by, and in accordance with, all applicable State and Local laws, and for further ensuring that such documentation contains:
- Information specifying which of the authorized COVID-19 vaccines are clinically contraindicated for the staff member to receive and the recognized clinical reasons for contraindications, and
- A statement by the authenticating practitioner recommending that the staff member be exempted from the COVID-19 vaccination requirements based on the recognized clinical contraindications.
- A process for ensuring the tracking and secure documentation of the vaccination status of staff for whom COVID-19 vaccination must be temporarily delayed.
- Contingency plans for staff who are not fully vaccinated for COVID-19. All staff must:
- Have at least the first dose of a two-dose primary series or a single dose of the J&J vaccine, or
- Request (or be approved) for a medical or religious exemption, or
- Meet criteria for a temporary delay in vaccination.
Effective Feb. 14, 2022, KDADS (and/or CMS) will begin enforcing requirements under F888. The nursing home must demonstrate:
- That the policies and procedures have been developed and implemented.
- 100% of staff have received at least one dose of a primary vaccine series or a single-dose vaccine unless they have requested or approved for a medical or religious exemption or meet criteria for a temporary delay in vaccination.
If a nursing home has greater than 80% staff vaccination rates and has a plan to achieve 100% staff vaccination rates within 60 days (March 14, 2022), F888 should still be cited, however, the state survey agency may issue discretion on type of enforcement action. If the state survey agency determines that the nursing home has greater than 80% staff vaccination, but a threat is posed to resident’s health and safety, enforcement action may be issued in coordination with CMS Regional Office.
A temporary delay in vaccination is per CDC guidance as found in the Summary Document for Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Authorized or Approved in the United States (updated 12-21-21). Criteria may include, but is not limited to, an acute infection secondary to COVID-19 infection, receipt of convalescent plasma or monoclonal antibodies within the last 90-days.
LEADINGAGE KANSAS NEWS
Join Us this Friday for our Weekly Webinar
Make sure you listen in this Friday for more up-to-date information and a rundown of the second week of the 2022 Legislative Session. Weekly Webinars are on Fridays at 10 AM. Register for 2022 here if you haven’t already.
LEADINGAGE NATIONAL NEWS
New Insights and Tools From LeadingAge
LeadingAge staff experts are developing essential advocacy, guidance, and tools, and curating the most relevant resources for aging services providers, including:
- Nursing Home Weekly Recap
- Life Plan Community Weekly Recap
- Home Health and Hospice Weekly Recap
- PACE Weekly Recap
- Senior Housing Weekly Recap
Webinar: Reporting on Nursing Home Infection Control Provider Relief Funds
February 2nd, Noon Central Time. Calling all skilled and long-stay nursing homes that received Infection Control Provider Relief Funds… Registration is now open for a LeadingAge-HRSA (Health Resources & Services Administration) webinar, “Reporting on Nursing Home Infection Control Provider Relief Funds.” Presenters: HRSA Provider Relief Bureau staff. Hear it from the source.
These reports (due no later than March 31, 2022) must be submitted by the receiving organization (nursing home) and not the parent organization. Come learn which expenses will count as infection control expenses, and what resources are available to help you through this reporting process.