LEGAL

Protect providers or make them pay?
States struggle with COVID-19 liability limits

To protect providers, drastically different takes in two states demonstrate just how complex operating amid ongoing threats could become for skilled nursing providers in the months ahead. 

In Florida, the state senate is considering a proposal to extend COVID-19 legal protections for healthcare providers. 

Meanwhile in New York, state officials began peeling back liability protections in August of 2020. Assemblyman Ron Kim (D-Flushing) would amend public health law to hold nursing homes liable for negligence resulting in the wrongful death of residents during a public health emergency through 2035.

Read the whole story >>

OSHA

Biden administration asks to reinstate federal workplace COVID-19 mandate

The Biden administration asked the 6th Circuit Court of Appeals to reinstate a federal workplace COVID-19 vaccine and testing mandate after enforcement had been suspended following another court’s order.

Vaccine-or-testing ETS remains in limbo. Implementation and enforcement of the ETS is delayed pending further court order. Litigation will determine if the ETS is upheld, modified or struck down.

CMS

CMS increases oversight of nursing homes in 2 new guidances

Nursing homes should allow visitation for residents “at all times,” while state surveyors received steps on how to address a backlog of complaint and recertification surveys under two separate memos issued by the Centers for Medicare and Medicaid Services.

While urging more liberal visitation policy, the agency explained that it is also advising surveyors to take a more critical look at things such as nursing staff competency, use of antipsychotics and potential abuse and neglect issues.

In addition, special attention should be given to facilities exhibiting higher infection rates but lower COVID-19 vaccination rates, CMS said. States that don’t promptly adhere to the new, tougher survey guidelines will risk losing up to 5% of their CARES act pandemic relief funding, the agency warned.

More updates from CMS triggering changes in your organization’s policies and procedures? Be sure to memorialize your story. Check out a tool to illustrate the full picture of your COVID-19 compliance.

EDUCATION

What every healthcare provider needs to know to protect its patients, residents, staff, and business.

This limited offer complimentary 60-minute presentation covering 8 key topics with real-time statistics for healthcare providers is a must-see amidst this litigious environment and the uncertain protections of the PREP Act and state liability acts. (click image above for an overview of a presentation)