News

The U.S. Supreme Court this week ruled that existing federal law forbids job discrimination on the basis of sexual orientation of transgender status. The ruling will affect LGBTQ workers across the country, because most states don’t provide protections from workplace discrimination. However, that decision followed a federal announcement stripping transgender health protections from the Affordable Care Act.  

Six weeks after the Federal Emergency Management Agency (FEMA) announced that it would coordinate a shipment of personal protective equipment (PPE), totaling a 14-day supply, to Medicare- and Medicaid-certified nursing homes across the United States, significant numbers of facilities across the country still have not received a shipment. Some that have received supplies have found them to be low quality, even expired in some cases, or delivered in quantities smaller than expected. 

Testing a nursing home resident for COVID-19 more than once in a 24-hour period is not being encouraged, according to consolidated recommendations released by the Centers for Disease Control & Prevention (CDC) over the weekend. The updated guidance includes: 

The U.S. Department of Health and Human Services (HHS) announced it will distribute funds to Medicaid providers who do not participate in Medicare, including Assisted Living and Adult Day, through the Provider Relief Fund through a time-limited  application process vs. automatic payment. The application portal opens June 10 (today). Here’s what we know so far: 

If you want to be considered for future Provider Relief Fund payments from HHS you need to register and submit information by the end of today (June 3). 

The U.S. Department of Housing & Urban Development (HUD) this week published a funding allocation update on COVID-19 relief from the CARES Act. Of the $1 billion approved for Project-Based Rental Assistance (PBRA), HUD will complete $800 million in funding allocations during the week of June 1 to help communities prevent, prepare for, and respond to the coronavirus through regular operations.  

Senior services providers are called to join in advocacy for priority personal protective equipment and testing, and the financial support to continue caring for our nation’s seniors now and after the pandemic recedes.  

The Centers for Medicare & Medicaid Services (CMS) hosts several recurring stakeholder engagement sessions to share information related to COVID-19. These sessions are open to members of the healthcare community and are intended to provide updates, share best practices among peers, and offer attendees an opportunity to ask questions of CMS and other subject matter experts. Here are call details for opportunities this week:  

The Occupational Health and Safety Administration (OSHA) recently issued an updated interim enforcement response plan for dealing with workplace investigations during COVID-19. In addition, OSHA released revised enforcement guidance for recording cases of COVID-19. These two requirements went into effect on May 26 and replace the previous interim enforcement response plan and recordkeeping guidance, respectively, on that date. Finally, OSHA also released an alert on COVID-19 Guidance for Nursing Home and Long-Term Care Workers.  

As the federal government continues to provide funding from the Coronavirus Aid, Relief and Economic Security (CARES) Act, senior living providers continue to express concerns that the support leaves assisted living, memory care and independent living behind.  

The U.S. Department of Veterans Affairs has amended service delivery for Adult Day Services in response to COVID -19. Allowable services, with the consent of the Veteran as allowed by state plan, include: 

In response to the COVID-19, the Centers for Medicare & Medicaid Services (CMS) expanded access to telehealth for Medicare beneficiaries and nursing home residents. A new toolkit from CMS can help states identify which aspects of their statutory and regulatory infrastructure may impede the rapid deployment of telehealth capabilities in their Medicaid program.  

As reported last week, HUD and the CDC delivered presentations on their interim guidance on facility cleaning and disinfecting for COVID-19. The recorded webinar and handouts, which are helpful to any housing setting and staff, is now available.  

President Trump yesterday called upon states to universally test all nursing home residents and staff within the next two weeks. The announcement, however, did not provide details or support for how states would complete this widespread testing. 

A new blueprint introduced by the U.S> House Democratic Caucus Task Force on Aging and Families on will make long-term care and affordable seniors housing a priority for future pandemic relief. The blueprint includes:  

Three members of Congress recently asked 11 assisted living companies to detail their case counts and strategies related to COVID-19, including their use of personal protective equipment, testing, visitation polices, and sick leave, family leave, medical leave and hazard pay offered to employees. LeadingAge and Argentum used this call for information as an opportunity to push the federal government to prioritize assisted living operators for PPE and other resources to combat COVID-19. 

Congress is working on its next COVID-19 funding package and now is the time to raise our voices to support affordable senior housing. Join us to urge Congress to provide funding and support for affordable senior housing, including a $1.012 billion package of relief funds for affordable senior housing:   

The U.S. Housing & Urban Development (HUD) and the Centers for Disease Control & Prevention (CDC) this week delivered presentations on their interim guidance on facility cleaning and disinfecting for COVID-19.  

A newly-formed Democratic task force in the U.S. House is pushing Congress to immediately distribute $100 million in funding to aid infection control efforts in senior care settings. Among the priorities:  

According to a news report, the Federal Emergency Management Agency (FEMA) will be direct shipping PPE – masks, gowns, gloves, eye protection – to every one of the 15,400 nursing homes in the nation.  While this forthcoming action is welcome, it is not nearly enough. It is unacceptable to not provide PPE to ALL senior care and living providers.