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Virginia Health Care Association | Virginia Center for Assisted Living

CMS Memo on COVID-19 Reporting and Notification Requirements

CMS Memo on COVID-19 Reporting and Notification Requirements

CMS released a new memo on May 6, QSO-20-29-NH, addressing the interim final rule requiring nursing homes to report to NHSN on COVID-19 as well as provide notifications to residents, their representatives and families. AHCA has prepared highlights of the memo and key implementation dates. 

These requirements go into effect with the publication in the Federal Register of the interim final rule on May 8, 2020. 

CMS had previously communicated the effective date was May 1. However, CMS revised the effective date to be May 8, 2020.   

  • The effective date means nursing homes are required to begin notifications of residents, their representatives and families as of May 8. This means the first notification could be required to occur by May 9 at 5:00 pm, should the facility have any of the resident and/or staff cases on May 8 as described by CMS required to make notification. 
  • Action: Ensure system and processes for notifications are in place in your facility by May 8 to meet new requirements.   

Facilities must submit their first set of data by 11:59 pm on Sunday, May 17, 2020 to the NHSN Long Term Care Facility (LTCF) COVID-19 Module.

  • Action: Register now for NHSN and begin collecting data starting May 8, 2020.  [NOTE: registration is taking more time than expected and we encourage you to start now to avoid further delays that may impact your compliance.] 
    • The memo provides an overview of the registration process.   
    • For NHSN questions, please email: NHSN@cdc.gov and add “LTCF” in the subject header. 

In summary, the interim final rule will require:

  • Notification to residents, their representatives and families, and staff of COVID-19 cases is effective as of May 8. This means the first notification could be required to occur by May 9 at 5:00 pm, should the facility have any of the resident and/or staff cases on May 8 as described by CMS required to make notification. 
  • Facilities must submit their first set of data by 11:59 pm on Sunday, May 17, 2020 to the NHSN Long-Term Care Facility COVID-19 Module.

CMS will provide facilities with an initial two-week grace period to begin reporting cases in the NHSN system (which ends at 11:59 p.m. on May 24, 2020). Facilities that do not begin reporting after the third week (by 11:59 pm on May 31, 2020) will receive a warning letter reminding them to begin reporting the required information to the CDC.

For facilities that have not started reporting in the NHSN system by 11:59 p.m. on June 7, ending the fourth week of reporting, CMS will impose a per day (PD) CMP of $1,000 for the failure to report that week.

For each subsequent week that the facility fails to submit the required report, the noncompliance will result in an additional one-day PD CMP imposed at an amount increased by $500.

For enforcement-related questions, please email: DNH_Enforcement@cms.hhs.gov