Earlier this month, the Centers for Medicare and Medicaid Services (“CMS”) issued its “interim final rule” updating requirements for notification of confirmed and suspected COVID-19 cases among residents and staff in nursing homes.

Among other requirements, the interim final rule provides that facilities must electronically report information about COVID-19 in a “standardized format” specified by HHS which must include, among other information, suspsected and confirmed COVID-19 infections among residents and staff, total deaths and COVID-19 deaths among residents and staff, personal protective equirement and hand hygiene supplies in the facility, ventilator capacity and supplies in the facility, resident beds and census, access to COVID-19 testing while the resident is in the facility, and staffing shortages. 

This information must be provided at least on a weekly basis to the CDC’s National Healthcare Safety Network, and will be posted publicly by CMS “to support protecting the health and safety of residents, personnel, and the general public.”

The interim final rule also requires facilities to inform residents, their representatives, and families by 5:00 p.m. the next calendar day following the occurrence of either a single confirmed infection of COVID-19, or three or more residents or staff with new-onset of respiratory symptoms occurring within 72 hours of each other.

The actual text of the interim final rule, which is effective immediately, can be found here.

The attorneys at Chilivis Grubman represent healthcare clients of all types and sizes in connection with a wide variety of litigation, investigations, and regulatory matters, including audits by CMS and its contractors.  If you need assistance with such a matter, please contact us today.