COVID-19 Waivers: Memorandum Update 8.29.2022 and Waiver by Setting

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On August 29^th, CMS issued a revised QSO memo (Download- COVID-19 Blanket Waiver Memorandum Updated 8.29.2022) terminating specific emergency declaration blanket waivers for SNFs/NFs and ICF/IIDs.

CMS continues to review the need for existing emergency blanket waivers issued in response to the Coronavirus Disease 2019 (COVID-19) Public Health Emergency (PHE). Over the course of the COVID-19 PHE, many settings have developed policies or other practices that CMS believes lessen the need for the continuation of certain waivers.

CMS will end the below-specified waivers in two phases:

60 days from issuance of the 8.29.2022 memorandum (Download #1).
30 days from issuance of the 8.29.2022 memorandum (Download #1).

CMS is providing more information related to waivers of the Nurse Aide Training Competency and Evaluation Requirements.

Below are the waivers that are expiring over the next 60 days.

Emergency Blanket Waivers Ending September 28, 2022:

Resident Groups: 42 CFR §483.10(f)(5)
Physician Delegation of Tasks in SNFs: 42 CFR §483.30(e)(4)
Physician Visits: 42 CFR §483.30(c)(3)
Physician Visits in Skilled Nursing Facilities/Nursing Facilities: 42 CFR §483.30
Quality Assurance and Performance Improvement (QAPI): 42 CFR §483.75(b)–(d) and (e)(3)
Detailed Information Sharing for Discharge Planning for Long-Term Care (LTC) Facilities: 42 CFR §483.21(c)(1)(viii)
Clinical Records: 42 CFR §483.10(g)(2)(ii)

Emergency Blanket Waivers Ending October 28, 2022:

Physical Environment for SNF/NFs: 42 CFR §483.90
Equipment Maintenance & Fire Safety Inspections for ESRD facilities: 42 CFR §494.60(b) and(d)
Facility and Medical Equipment Inspection, Testing & Maintenance (ITM) ICF/IIDs and SNFs/NFs: 42 CFR §483.470(j), and 483.90
Life Safety Code (LSC) and Health Care Facilities Code (HCFC) ICF/IIDs and SNFs/NFs: 42 CFR § 483.470(j)(1)(i)and (5)(v), and 483.90(a)(1)(i) and (b)
Outside Windows and Doors for ICF/IIDs and SFNs/NFs:42 CFR §483.470(e)(1)(i), and 483.90(a)(7)
Life Safety Code for ICF/IIDs and SNFs/NFs: 42 CFR §483.470(j), and 483.90(a)
Paid Feeding Assistants for LTC facilities: 42 CFR §§483.60(h)(1)(i) and 483.160(a)
In-Service Training for LTC facilities: 42 CFR §483.95(g)(1)
Training and Certification of Nurse Aides for SNF/NFs: 42 CFR §483.35(d)

Note: The 3 Day Medicare Qualifying Stay waiver is still in effect.

Click On Each Link Below To Download The Corresponding Resource

Harmony Healthcare International (HHI) Blog

COVID-19 Waivers: Memorandum Update 8.29.2022 and Waiver by Setting

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