The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- Social Security Act 1819(d)(3), 1919(d)(3), 1102, 1871; interim final rule with comment period
- Issued
- 2020-09-02 Sept. 2, 2020
- Effective
- 2020-09-02
- End
- Testing requirement in force through the PHE (expired May 11, 2023) (read as 2023-05-11)
- In force
- Sept. 2, 2020 to May 11, 2023
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesQuarantine and isolation
- Addressees
- all Medicare- and Medicaid-certified long-term care facilities
- Functions reached
- IC mandatory resident and staff testing
- RS admissions and cohorting by test status
- HR staff excluded pending results
- IN contracted personnel entering the facility tested
- WF staff removed on symptoms or positive test
- Collection
- Home Care, Nursing and Senior Living SEC-04
Operative words
483.80(h)(1): the facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.... (h)(2)... in a manner that is consistent with current standards of practice... [and] parameters set forth by the Secretary... (h)(3)... procedures for addressing residents and staff... who refuse testing or are unable to be tested... (h)(4)... staff with symptoms or a positive test must be prohibited from entering the facility until return-to-work criteria are met.
Enforcement
F886; civil money penalties under 42 C.F.R. 488.430 for failure to test
Notes
Condition of participation; implemented by QSO-20-38-NH (Ex. SEC-04-005) and its revisions (Ex. SEC-04-073).
Retrieval noteCodified text as of Oct. 1, 2021 at Ex. SEC-04-022.