Insights & Resources

On November 24, 2020, the New York State Department of Health (DOH) issued a health advisory imposing new requirements for maintaining the health and safety of residents during the holiday season, including discouraging residents from leaving the facility for family visitation or social outings, and implementing infection prevention and control measures for those who do go home for the holidays. DOH also reminded nursing homes and adult care facilities to strictly adhere to infection prevention and control measures and ensure that all visitors adhere to all visitation guidelines and facility policies. If residents do leave the facility for visitation or for a social outing, the resident must test negative within 24 hours prior to returning to the facility, and upon return, must be quarantined on transmission-based precautions for 14 days. The facility must test the resident at least three times during the 14-day quarantine period. The health advisory was issued in conjunction with Executive Order 202.77.

Among the new requirements:
 

• Facilities are directed to find “creative and innovative ways” to include residents in holiday celebrations without having parties or other social gatherings; increase virtual communications; and educate residents and families about the risks associated with leaving the facility to attend in-person gatherings.
• If residents do leave for visits or social outings, the facility must remind residents to limit close contact with others, avoid large gatherings, wear facemasks, perform frequent hand hygiene and avoid sharing communal food or drinks.
• Facilities must develop a plan for the return of residents leaving for home or family visits that includes a cohorting plan for 14-day quarantine estimating the space, staff, and PPE available.
• Families must be notified that residents taken out of the facility will not be permitted to return until they present a negative COVID-19 diagnostic test result within the preceding 24 hours.
• Facilities must require the leaving resident and a family or friend to attest in writing that they: (i) are aware of the risks involved with taking the resident out of the facility; (ii) will follow masking, social distancing, and hand hygiene practices pursuant to CDC and DOH directives; (iii) will notify the facility if the resident becomes ill within one week of leaving the facility; (iv) will notify the facility if anyone with whom the resident socialized tests positive for COVID-19 or influenza or exhibits symptoms of COVID-19 or influenza within 14 days of the resident’s return to the facility; (v) will communicate with the facility about a return date for the resident to the facility in accordance with the facility’s policy; and (vi) will quarantine or minimize contact (or assist the resident to do so) to the extent safely possible prior to the resident’s return.
• Facilities must screen and increase monitoring for signs and symptoms of illness upon the resident’s return, and test residents for COVID-19 and influenza if the resident develops signs or symptoms of COVID-19 or influenza or if the resident had a confirmed or possible exposure to COVID-19 or influenza while outside the facility.
• Certify as required by Executive Order 202.77, and Executive Order 202.30 that they have the ability to implement transmission-based precautions for such residents for fourteen days upon return in compliance with DOH guidance and CMS directives.

With only two days left before Thanksgiving is upon us, nursing homes and adult care facilities must act quickly to meet these DOH requirements. To access the DOH health advisory, click here and scroll down: 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.