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Ex. FED-168 Order Primary source read

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)

QSO-20-38-NH (Aug. 26, 2020)

CMS, Quality, Safety & Oversight Group · United States (Medicare and Medicaid LTC facilities) (Federal)

The COVID Project

The record

Jurisdiction
United States (Medicare and Medicaid LTC facilities)
Level
Federal
Authority
42 C.F.R. § 483.80(h) (CMS-3401-IFC, FED-092)
Issued
2020-08-26 Aug. 26, 2020
Effective
2020-08-26 (with the IFC effective Sept. 2, 2020) (read as 2020-08-26)
End
revised 2021 and Sept. 23, 2022 (FED-153); expired May 1, 2023 (read as 2022-09-23)
In force
Aug. 26, 2020 to Sept. 23, 2022
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersWorkplace rulesQuarantine and isolation
Addressees
  • all Medicare/Medicaid certified LTC facilities; every individual 'providing services under arrangement' and volunteers
Functions reached
  • 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
Collection
Federal health, safety and transport layer FED-A

Operative words

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 (<5%) - Once a month; Medium (5%-10%) - Once a week; High (>10%) - 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

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.

Retrieval note

Retrieved from the Wayback Machine raw capture nearest Sept. 15, 2020; header 'DATE: August 26, 2020'. The bracketed table values are from the memo's table (words 'Once a month' and 'Once a week' verified; the percentage bands to be quoted from the exhibit).