- May 11, 2020
- Alerts
Nursing Homes and ACFs Must Act Quickly to Implement Twice Weekly COVID-19 Testing of All Personnel
By Executive Order 202.30 (the “EO”), issued Sunday, May 10th, the Governor has put nursing homes and adult care facilities (“ACFs”) on a tight schedule for: (i) developing a plan to test and (ii) commencing COVID-19 tests twice per week of all their personnel, including all employees, contract staff, medical staff, operators and administrators.
In addition, the EO specifies that personnel who refuse to be tested for COVID-19 are prohibited from providing services until testing is performed.
The EO outlines several measures for non-compliance. Nursing homes and adult care facilities that do not fulfill their obligations under the EO may be subject to fines of $2,000 per violation per day, with subsequent violations punishable by fines up to $10,000. In addition, a facility’s operating certificate will be subject to suspension or revocation and a receiver may be appointed to continue the facility’s operations. False statements in any attestation of compliance will also be punished as a class A misdemeanor.
The EO further prohibits hospitals from discharging patients who have tested positive for COVID-19 to nursing homes. Moreover, prior to a hospital discharging patients, the nursing home operator or administrator must certify that it is able to properly care for the patient.
Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.
- The testing plan must be filed with the Department of Health no later than 5 p.m. on Wednesday, May 13, 2020.
- Positive test results must be reported to the Department of Health by 5:00 p.m. of the day following receipt of the test result.
- Nursing homes and ACFs are also directed to certify compliance with this testing mandate and all other applicable Executive Orders and directives of the Commissioner of Health, no later than Friday, May 15, 2020.
In addition, the EO specifies that personnel who refuse to be tested for COVID-19 are prohibited from providing services until testing is performed.
The EO outlines several measures for non-compliance. Nursing homes and adult care facilities that do not fulfill their obligations under the EO may be subject to fines of $2,000 per violation per day, with subsequent violations punishable by fines up to $10,000. In addition, a facility’s operating certificate will be subject to suspension or revocation and a receiver may be appointed to continue the facility’s operations. False statements in any attestation of compliance will also be punished as a class A misdemeanor.
The EO further prohibits hospitals from discharging patients who have tested positive for COVID-19 to nursing homes. Moreover, prior to a hospital discharging patients, the nursing home operator or administrator must certify that it is able to properly care for the patient.
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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.