02/17/2022
ODH clarifications: testing, vaccine mandate, and CDC guidance
The Ohio Department of Health (ODH) provided clarifications on CMS testing guidance, the vaccine mandate and CDC guidance during a call today with the associations. ODH confirmed that the Centers for Medicare and Medicaid Services (CMS) said that nursing homes can continue to follow routine testing as outlined in the QSO 20-38-NH memo. CMS is working on updating the memo to be consistent with the “up to date” language but until that time, facilities can follow the routine testing guidelines based on the definition of fully vaccinated as outlined in the QSO 20-38-NH memo.
Although no citations have occurred as of today in Ohio, ODH will be surveying for the vaccine mandate compliance with all surveys that include complaints not related to infection control or vaccines. Surveyors have had a lot of questions, and the ODH supervisors are assisting them with the survey guidelines. LeadingAge Ohio encourages providers to ask surveyors to talk with their supervisor if there are concerns with the surveyor misunderstanding the mandate. ODH shared that one example question from the surveyors is whether a facility’s additional precautions outlined in their policy met the requirement. ODH has provided guidance that the CMS suggestions are not mandated, and the facility was appropriately following their policy that was in alignment with CDC guidance. ODH is also asking CMS if the worksheets provided by CMS for nursing homes should also be used by the state agencies in other settings being surveyed under the vaccine mandate.
ODH has posed questions to CMS and ODH’s Bureau of Infectious Disease regarding quarantine. Confusion has arisen due to language within the CMS visitation FAQ that has not been updated to be consistent with the CDC Interim Infection Prevention and Control Recommendations to Prevent SARS-CoV-2 Spread in Nursing Homes webpage. ODH confirmed this has not been a question by surveyors and that surveyors would be referring to the CDC webpages. CMS answered questions on the updated CDC guidance during the February 2 stakeholder call. CMS will post a recording of the call and transcript at CMS stakeholder call webpage.
Lastly, ODH confirmed that surveyors are to take into consideration any guidance that a facility is following from the local health department (LHD) or Regional Rapid Response Program’s team (R3AP). ODH will confirm with either the local health department or R3AP if that was the actual guidance given. LeadingAge Ohio encourages members to document any recommendations provided by the LHD or R3AP and keep the email communications, for instance, which provides that recommendation.
