STATE NEWS
IMPORTANT REMINDER: Don’t Slack on Masks – No Source Control Measures Have Been Lifted
All CMS and CDC guidance remains in place and no source control measures have been lifted by either agency. In it’s core principles of infection control CMS says that homes must follow masking guidelines from CDC at all times. According to the CDC, even if you’re in a county with low transmission, health care personnel are still supposed to wear masks around residents and in areas that residents can access. The vaccination status of the staff person does not matter.
LeadingAge Kansas note: If a surveyor walks in and sees staff without masks, the building is risking multiple IJs. If a resident outbreak occurs and the family can show evidence that staff were not wearing masks and following other CDC guidance, the building is risking lawsuits. A new suit was just filed in Overland Park alleging this, and liability protections don’t apply to nursing homes that aren’t following CDC rules.
KDHE COVID-19 Update
The slides and Q&A for the 12-9-21 KDHE COVID-19 Update for Local Partners webinar are attached. You can access the recording of the webinar here. The next COVID-19 Update for Local Partners will take place Thursday, December 16th at 10 AM CT. REGISTER HERE. Password: KDHECOVID
VACCINE NEWS
Update on Legal Challenges to CMS Interim Final Rule (IFR)* – Bottom Line = No Change, CMS Still Barred from Enforcing the IFR
In the Missouri case, the Eighth Circuit Court of Appeals (in a one-sentence order) denied the Biden Administration’s motion to stay the injunction currently in place pending appeal. There was no analysis or rationale for denying the order provided by the Eighth Circuit. With this decision, the Biden Administration can appeal directly to the Supreme Court to lift the injunction prohibiting enforcement of the interim final rule pending appeals and a decision on the merits of the case. In the meantime, CMS is prohibited from implementing and enforcing the interim final rule with the vaccine mandate. * Both the CMS Rule and OSHA ETS are still subject to preliminary injunctions and not enforceable at this time.
MMWR Released
Last Friday, CDC released an MMWR on booster and additional primary dose COVID-19 vaccinations among adults aged ≥65 Years in the United States between August 13, 2021 – November 19, 2021. Although COVID-19 vaccines are highly effective, vaccine effectiveness wanes over time, and adults aged ≥65 years are at increased risk for severe COVID-19–associated illness. Booster and additional primary vaccine doses increase protection. During August 13–November 19, 2021, 18.7 million persons aged ≥65 years received a booster or additional primary dose of COVID-19 vaccine, constituting 44.1% of eligible persons aged ≥65 years. Coverage differed by primary series vaccine product and race/ethnicity. Strategic efforts are needed to encourage eligible persons aged ≥18 years, especially those aged ≥65 years and those who are immunocompromised, to receive a booster and/or additional primary dose to ensure maximal protection against COVID-19.
FEDERAL NEWS
Phase 4 Provider Relief Payments Begin Later This Week
As promised, HRSA is distributing about half of the $17B in Phase 4 PRF payments beginning December 16th to 69,000 providers. The remainder will be distributed in 2022. HRSA reports average payments to small providers are $58,000, medium providers is $289,000 and large providers average about $1.7 million. HRSA indicates 75% of applications have been processed. Nicole is finalizing an article to go out in Need to Know on Wednesday, which discusses the methodology for how Phase 4 payments are calculated and how HRSA segmented providers into small, medium and large for the purposes of determining what proportion of their lost revenues and expenses they would receive. We know the need is so much greater than the payments being distributed but HRSA was limited by the available funding. This recent round of applications will provide clear evidence of the scale of provider need. Please reach out to Nicole with any questions.
LEADINGAGE KANSAS NEWS
Final Weekly Webinar of the Year
This Friday is our final webinar of 2021. If you haven’t already, Register here.
THANK YOU TO OUR PLATIUM SPONSOR
