06/23/2022

You asked... We Answered

You Asked: 

Can a facility request an 1135 waiver to use plastic barriers to mitigate the spread of COVID-19, since CMS has ended the COVID-19 waiver allowing for temporary barriers? 

We Answered: 

Yes, facilities may apply for the 1135 waiver through the CMS individual waiver application. ODH initially communicated they would not cite a facility that continued to use the plastic barriers while in a current outbreak. ODH acknowledged the concern that the CDC guidance continues to recommend cohorting. ODH Bureau of Infectious Disease staff met last week with CMS about the removal of the life safety code waiver which had allowed for the plastic partitions. CMS has directed ODH that facilities should follow the 1135 waiver process. ODH has provided additional clarifications and recommendations to assist facilities as they transition away from the use of the plastic barriers. 

ODH confirmed facilities would be in compliance with quarantine and isolation protocols if they were to only use the resident door as the barrier. Facilities may also use their smoke barrier doors to quarantine off a section of the facility. ODH also shared facilities may consider installing courtesy doors at a specific section of a wing of a facility, but facilities should reach out to ODH to ensure compliance which would require considering all life safety code requirements such as sprinkler coverage.