Home Nurse Facilities End of exemptions for qualified nursing care facilities

End of exemptions for qualified nursing care facilities



On April 8, 2021, the Centers for Medicare and Medicaid Services (CMS) announced that some of the blanket waivers implemented during COVID-19 will expire on May 10, 2021.[1] The following exemptions will expire:

  1. General emergency exemptions related to notification of room or roommate changes, and transfer and discharge notification requirements.

CMS believes that nursing homes have had time to develop practices that have enabled them to effectively regroup residents and provide the required notice in advance. As such, establishments are now required to resume providing 30 days’ notice, or as soon as possible, prior to a resident’s transfer or discharge, and to provide notice prior to a room or roommate change. The exemptions that allow facilities to transfer or unload, and changing rooms for co-horting remain in effect.

  1. General emergency relief for certain care planning requirements for residents transferred or returned for reunification.

Federal regulations require nursing homes to establish a basic care plan and a comprehensive care plan within 48 hours and 7 days of admission to the facility, respectively. During COVID-19, CMS waived these requirements. Again, CMS believes that facilities have had time to develop processes to accomplish these important care planning tasks.

  1. General emergency waiver of the time required to complete and submit the Resident Assessment Minimum Data Set (MDS).

CMS has waived the MDS deadline requirements at 42 CFR §483.20 for reviews to allow vendors flexibility in conducting and submitting reviews. CMS believes that nursing homes should have developed practices to conduct these assessments in a timely manner.

Although the aforementioned waivers expire on May 10, 2021, other waivers remain in effect. Specifically, the qualifying 3-day hospital stay remains waived, so Medicare services can continue to be provided to beneficiaries without a prior hospital stay.

© 2021 Dinsmore & Shohl LLP. All rights reserved.Revue nationale de droit, volume XI, number 117