COVID-19 1135 Waivers Effective May 10, 2021

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CMS issued a memo announcing it is ending four of the 1135 waivers issued in response to the COVID-19 Public Health Emergency (PHE). These changes are effective May 10, 2021.

 

The four waivers that will be ending are related to:  

  • prior notification of room and roommate change,
  • prior notice of transfer/discharge,
  • certain care planning requirements and
  • MDS submission.

CMS also provided clarification and recommendations for Nurse Aide Training and Competency Evaluation Programs (NATCEPs). Currently, CMS is keeping the current nurse aide waiver.

 

The following changes are effective May 10, 2021.

 

  • Resident Roommates and Grouping
    • No more waiver for notification before Resident Room or Roommate Change at 42 CFR §483.10(e)(6).
    • Remains a waiver: 42 CFR 483.10(e)(5) and (7) when a change of rooms is done solely for purposes of cohorting due to COVID-19.
    • Action: Provide notice before a room or roommate change except when the change is solely for COVID-19 cohorting.
  • Resident Transfer and Discharge
    • No more waiver for Waiver of notification prior to Transfer and Discharge at 42 CFR §483.15(c)(4)(ii)
    • Remains a waiver: Related waivers at 42 CFR 483.10(c)(5) as well as 483.15(c)(3), (c)(5)(i) and (iv) and (c)(9), and (d) that allow providers to transfer or discharge residents to another long term care facility solely for cohorting purposes without prior written notice.
    • Action: The Facility must provide written notice of transfer or discharge at least 30 days in advance, or as soon as practicable in certain situations, before the transfer or discharge.
  • Care Planning Requirements
    • No more waiver for certain care planning requirements at §483.21(a)(1)(i), (a)(2)(i), and (b)(2)(i) for residents transferred or discharged for cohorting purposes.
    • Action: The Facility must complete baseline care plans within 48 hours of admission and comprehensive care plans within seven days of completion of the comprehensive assessment, according to current regulations.
  • Minimum Data Set (MDS)
    • No more waiver for Waiver of timeframe requirements for completing and transmitting resident assessment information at 42 CFR §483.20.
    • Remains a waiver: Waiver at 42 CFR §483.20(k) related to the Pre-Admission Screening and Annual Resident Review (PASARR).
    • Action: The Facility must complete and transmit MDS assessments according to current regulations.

      1135waiver

Harmony Healthcare International (HHI) is available to train your staff on MDS. HHI is happy to present you with our 8-week MDS Bootcamp hosted virtually for 1-hour each Wednesday, May 5, 2021 - June 23, 2021. This weekly MDS Bootcamp will cover Medicare Entitlement, Eligibility and Coverage Criteria, Medicare Process, and more! Click below for more information and to register!


Click Here to View MDS Bootcamp Level 1

 
 

Topics: Regulatory, COVID-19


Kris Mastrangelo, OTR/L, LNHA, MBA

WRITTEN BY

Kris Mastrangelo, OTR/L, LNHA, MBA
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