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End of PHE to Bring Some Relief for Nursing Homes, Other Providers

With proposed staffing standards looming for skilled nursing facilities/nursing facilities (“SNFs/NFs”), a White House press release and a Centers for Medicare and Medicaid Services (“CMS”) Quality, Safety & Oversight Group...more

Long-Term Care Facilities Brace for Additional OSHA Inspections Under Extended COVID-19 NEP

The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022, that it was extending “until further notice” its revised COVID-19 National Emphasis Program (“NEP”), which had been set to expire on July...more

CMS Clarifies Vaccine Mandate Survey Guidance

With all states now past the Phase 2 deadline established by the Centers for Medicare and Medicaid Services (“CMS”) with respect to the vaccine mandate for staff of Medicare and Medicaid certified health facilities, the...more

AGG Food & Drug Newsletter - January 2022

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

CMS Revises Nursing Home Visitation FAQs to Address Omicron Variant

In light of surging COVID-19 cases occasioned by the highly transmissible Omicron variant and questions from nursing homes regarding whether to limit visitation, the Centers for Medicare and Medicaid Services (CMS) earlier...more

Enforcement Update on CMS Vaccine IFR, OSHA Vaccine ETS, and OSHA Healthcare ETS

While most healthcare providers have been struggling with staffing during the holidays, the Centers for Medicare and Medicaid Services (“CMS”) has been active in providing an enforcement update on the Omnibus COVID-19 Health...more

Georgia Judge Enjoins Federal Contractor Vaccine Mandate in Every State in U.S.

On December 7, 2021, R. Stan Baker, judge for the United States District Court for the Southern District of Georgia, enjoined enforcement of Executive Order 14042 (“EO 14042”) “in all covered contracts in any state or...more

Two Federal District Courts Tag Team to Enjoin CMS Vaccine Mandate Enforcement

In the course of 24 hours, two federal district courts, one in Missouri and one in Louisiana, issued preliminary injunctions that prevent the Centers for Medicare and Medicaid Services (“CMS”) from implementing and enforcing...more

The Federal Contractor Vaccine Mandate Is “On Hold,” at Least in Kentucky, Ohio, and Tennessee

On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more

Assisted Living Facilities Temporarily in a “Doughnut Hole” regarding Federal Vaccine Mandates

Although highly anticipated rulemaking by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) on November 4, 2021 to implement portions of the President’s COVID-19...more

OSHA Emergency Temporary Standard Promises Implementation and Compliance Challenges for Long-Term Care Facilities

The Occupational Safety and Health Administration (OSHA), on June 10, 2021, released a long-anticipated Emergency Temporary Standard (“ETS”) to protect workers that provide healthcare and healthcare support services from...more

CMS and CDC Update Guidance for Nursing Home Staff Testing and Work Restrictions

While attention regarding newly released guidance from the Centers for Medicare and Medicaid Services (CMS) and Centers for Disease Control and Prevention (CDC) on nursing home testing, visitation, and communal activities has...more

CMS and CDC Update Guidance for Nursing Home Resident Testing, Visitation, and Communal Activities

Long-term care providers that have been clamoring for updated guidance from the Centers for Medicare and Medicaid Services (CMS) and Centers for Disease Control and Prevention (CDC) to address the effect of COVID-19...more

Media, CDC, and DPH Combine to Confuse Georgia Providers Regarding Quarantine Guidance

With much fanfare earlier this month, mass media outlets touted revised guidance from the Centers for Disease Control and Prevention (CDC) that individuals who have been fully vaccinated can “skip” quarantine if they become...more

Georgia DPH Provides Guidance to LTCFs on Admitting Residents from a Hospital

As coronavirus infections continue to spike nationwide prompting an increase in hospitalizations, the Georgia Department of Public Health (DPH) recently issued interim guidance for long-term care facilities (LTCFs), including...more

CMS Releases Additional Criteria and New FAQs for Focused Infection Control Surveys in Nursing Homes

In a January 4, 2021 revision to a June 1, 2020 Quality, Safety and Oversight memorandum, the Centers for Medicare and Medicaid Services (CMS) revised the criteria for focused infection control (FIC) surveys in nursing...more

And So It Begins: The Great Government Look Back at the Effect of COVID-19 on Nursing Homes

As 2020, thankfully, comes to a close, the Department of Health and Human Services, Office of Inspector General (OIG) has released the first of several reports on the impact of COVID-19 on nursing homes and the effectiveness...more

CDC Provides Considerations to Guide Providers Regarding Possible Post-Vaccination Symptoms

As long-term care facilities (“LTCFs”), such as nursing homes and assisted living facilities, implement plans for the immunization of their residents and staff, and as the first shipments of vaccine are being delivered across...more

CDC Prioritizes Health Care Personnel and LTCF Residents for COVID-19 Vaccine

As expected, the Advisory Committee on Immunization Practices (ACIP) within the Centers for Disease Control and Prevention (CDC) voted 13-1 on December 1, 2020 to recommend that health care personnel and long-term care...more

With New Holiday Recommendations from CMS, the Year of Challenges for Nursing Home Residents Continues

In advance of the beginning of the holiday season, the Centers for Medicare and Medicaid Services (CMS) issued recommendations for keeping nursing home residents safe amidst the continuing Coronavirus pandemic while still...more

CDC Releases Nursing Home Testing and Management Considerations as Flu Season Begins Amidst COVID-19 Pandemic

As if protocols in certain states for dealing with nursing home residents returning from holiday leave weren’t complicated enough in terms of corhorting, the impending influenza season and new considerations from the Centers...more

OSHA Releases Updated COVID-19 Respiratory Protection Guidance for Long-Term Care Facilities

Long-Term Care Facilities (LTCFs) have not heard much from the Occupational Safety and Health Administration (OSHA) in terms of specific industry guidance since the middle of May when the agency released a one-page document...more

CMS Clarifies Emergency Preparedness Testing Exemption

In a memorandum issued on September 28, 2020, the Centers for Medicare and Medicaid Services (CMS) provided clarification to health care providers regarding an exemption to emergency preparedness testing exercise requirements...more

Georgia Re-Issues Phased Reopening and In-Person Visitation Guidance for ALFs and SNFs

The Georgia Department of Public Health re-issued guidance for long-term care facilities with respect to phased reopening and expansion of in-person visitation. This guidance was issued through an Administrative Order on...more

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