{"id":"FED-168","kind":"order","level":"federal","jurisdiction":"United States (Medicare and Medicaid LTC facilities)","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"CMS, Quality, Safety \u0026 Oversight Group","authority":"42 C.F.R. § 483.80(h) (CMS-3401-IFC, FED-092)","instrument":"CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)","title":"QSO-20-38-NH (Aug. 26, 2020)","dateIssued":"2020-08-26","effective":"2020-08-26 (with the IFC effective Sept. 2, 2020)","end":"revised 2021 and Sept. 23, 2022 (FED-153); expired May 1, 2023","startDate":"2020-08-26","endDate":"2022-09-23","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["HC","EMP","QUAR"],"addressees":["all Medicare/Medicaid certified LTC facilities; every individual \u0027providing services under arrangement\u0027 and volunteers"],"clause":"Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary. This memorandum provides guidance for facilities to meet the new requirements.... Routine Testing of Staff: Routine testing should be based on the extent of the virus in the community, therefore facilities should use their county positivity rate in the prior week as the trigger for staff testing frequency. [Table: county positivity Low (\u003c5%) - Once a month; Medium (5%-10%) - Once a week; High (\u003e10%) - Twice a week.]... (5) Have procedures for addressing residents and staff, including individuals providing services under arrangement and volunteers, who refuse testing or are unable to be tested.","enforcement":"F-tag F886 citations; civil money penalties","functions":["IC/RS nursing homes (home-care-senior-living)","HR/WF of every contractor and agency worker serving nursing homes (staffing PL; hospice and home health HC; therapy; physicians CL; personal services SL)","OF"],"notes":"The routine-testing mandate keyed to county positivity ran on every day of 2021Q3; during the Delta wave of August-September 2021 most counties exceeded 10 percent, requiring twice-weekly testing of all staff and contractors in the affected nursing homes.","sourceUrl":"https://web.archive.org/web/20200915id_/https://www.cms.gov/files/document/qso-20-38-nh.pdf","snapshot":"https://web.archive.org/web/20200915id_/https://www.cms.gov/files/document/qso-20-38-nh.pdf","fileExists":true,"fileBytes":510950,"grade":"primary","character":"","description":"","collection":"FED-A","url":"/library/FED-168","exhibitUrl":"/exhibit/FED-168","citation":"CMS, Quality, Safety \u0026 Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)","stateName":"","related":["FED-153","DUT-FED-023","DUT-FED-060","FED-092","FED-166","FED-154","FED-165"]}