New York Implements New Nursing Home COVID-19 Reporting Guidelines

Nursing home operators in one of the nation’s largest markets will soon have to deal with new COVID-19 requirements.

With the expectation that COVID-19 cases will spike this winter, New York Governor Kathy Hochul on Friday signed legislation requiring nursing homes to have a plan in place to stop the spread of infections. Operators must also notify residents and their family members when an infection is detected within their facilities.

Earlier this week, Centers for Medicare & Medicaid Services (CMS officials said that the number of nursing home residents who have received their COVID-19 boosters is “far too low,” and that vaccination and timely treatment of COVID-19 will be a top priority of the Biden administration going forward.

Prior to the new legislation, facilities were required to report a change in an infected resident’s condition within 24 hours; now, facilities are required to report any infection within 12 hours.

The legislation also codifies an existing practice of placing infected residents in “cohorts” as a strategy to combat further infections.

While the requirements make sense as a mitigation measure, industry stakeholders are concerned they’ll add to the heavy workload of operators, many of which are already challenged by dire staffing shortages.

“One concern is that New York providers are experiencing a severe long-term care workforce shortage,” Stephen Hanse, president and CEO of the New York State Health Facilities Association, told Skilled Nursing News. “If there’s any concern here, it’s that reporting requirements are taking away from the patient-facing care that has to be provided.”

New York State Health Facilities Association is advocating for a 20% Medicaid increase to mitigate staffing challenges. Hanse said that allowing operators to focus on recruiting and retaining their workforce will go a long way toward mitigating the staffing shortage – and toward increasing resident safety.

“The statewide average reimbursement for Medicaid residents is $211 per day, while the statewide average cost of caring for Medicaid residents in a nursing home is $265 per resident per day,” Hanse said. “That $54 difference is the largest in the nation.”

This legislation builds on a package of four pieces of legislation signed in 2021 to implement an infection inspection audit and checklist on nursing homes, promote a long-term care Ombudsman program, and establish a long-term care task force.

“With this legislation, we will ensure every facility is prepared to protect residents from exposure after an infection is detected, while also improving communication to make sure residents and family members are notified of the situation in a timely manner,” Gov. Hochul, a Democrat, said in a statement. “This is a critical step to ensure nursing homes are taking the right measures to protect the most vulnerable New Yorkers.”