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Nursing Home Update, March 3, 2023

(1) 20% Medicaid Rate Increase: Here is a link to a February 28, 2023 Upstate news article:

(2) Vaccine Mandate Case Update:

a. A New York Appellate Division, Fourth Department decision from February 27, 2023 will allow the State to continue to enforce its health care staffing mandate pending appeal. Here is an update from Leading Age:

(3) The End of the Federal Public Health Emergency (May 11, 2023):

a. Here is a link to the updated Long Term Care Facilities Waiver page (updated as of February 24, 2023):

b. Here is a link to the general CMS Waivers page relating to the end of the Public Health Emergency – “What Do I Need to Know.” This document is dated February 27, 2023. In particular, it touches on Medicare and telehealth waivers and nurse aide training for nursing homes:

c. Here is a summary of what the end of the Public Health Emergency will mean for nursing homes from Leading Age:

d. The federal Drug Enforcement Administration just announced (February 24, 2023) proposed rules for permanent telemedicine flexibilities – specifically the prescribing of controlled substances via telemedicine:

(4) COVID-19 Update:

a. The FDA announced on February 24, 2023 the first over the counter at-home test that can detect both influenza and COVID-19. Here is a link to the announcement and details:

b. On February 28, 2023, NYS DOH issued a Health Advisory specifically to hospitals, diagnostic and treatment centers, physician offices, dental offices, local health departments, and office-based surgery practices. The Advisory provides updated guidance regarding elective surgery pre-procedure testing for COVID-19. While not directly applicable to nursing facilities and adult care facilities, it may impact residents with surgical needs. Here is a link:

(5) Requirements for Long Term Care Facilities—CMS:

a. CMS has updated some of its State Operations Manual and Survey Resources in February, 2023 and here is a link to the updated materials main page:

(6) Emergency Preparedness: The United States Senate recently released a report on nursing homes and emergency preparedness, specifically in relation to the 2021 Texas Blackout, but it provides a lot of useful facility information: