On April 19, the Centers for Medicare & Medicaid Services (CMS) announced it would be requiring nursing homes to report COVID-19 information to the Centers for Disease Control and Prevention (CDC). While CMS asked nursing homes to submit their first set of data to the CDC by May 17, CMS granted a grace period that…

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submitted by Lindsay Heckler, Esq. On May 10, 2020, Governor Cuomo issued Executive Order No. 202.30 Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. To summarize, every nursing home and adult care facility is required to test (or arrange to have tested) all staff twice a week, pursuant to a plan…

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Senior woman sitting on the wheelchair alone

submitted by Liam McMahon, Paralegal On May 8th the Centers for Medicare & Medicaid services published a new rule for nursing homes that will change what COVID-19 information they are required to report to residents, their family and representatives, and CMS itself. Those requirements are detailed below, along with where residents and family can turn…

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Centers for Medicare & Medicaid Services recently announced the creation of an independent commission to address safety & quality in nursing homes, that will conduct a comprehensive assessment of the nursing home response to the 2019 Novel Coronavirus (COVID-19) pandemic. The Center for Elder Law & Justice welcomes the commission and are pleased to see…

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Recently, Governor Cuomo announced a focused effort to investigate nursing homes when they violate new requirements that impact resident safety (see https://elderjusticeny.org/new-york-state-nursing-home-inspections/). The state should focus on nursing homes that have a history of poor infection practices and insufficient staffing. In the August 2019 report from Long Term Care Community Coalition, 16 nursing homes in…

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On April 23, Governor Cuomo announced a focused effort by the State Department of Health (DOH) and the State Attorney General (AG) to investigate nursing homes who violate Executive Orders that require nursing homes communicate COVID-19 test results and deaths to residents families. In addition, Governor Cuomo announced that DOH will inspect facilities that have…

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submitted by Lindsay Heckler, Esq. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) authorized Economic Impact Payments to many in the country. Individuals who live in nursing homes are eligible to receive the Payment, and since Medicaid is the primary payer of nursing home care, the majority of nursing home residents will likely…

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New York State recently released each county’s individual death statistics due to COVID-19 from nursing homes and adult care facilities. This information is accessible here: https://www.health.ny.gov/statistics/diseases/covid-19/fatalities_nursing_home_acf.pdf The Center for Elder Law & Justice is grateful to the Governor for taking this first step in keeping nursing home residents, their families, and the public informed. However,…

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The Buffalo News story published today, “Through the glass, laughter and tears in visit to 107-year-old mom at nursing home” highlights the resilience of residents, families, and staff as we learn how to live through our current reality. The story also highlights concerns from residents, family and staff as they grapple with isolation, staffing concerns,…

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submitted by Lindsay Heckler, Esq. While the ban on visitors has turned nursing home and assisted living residents and their families lives upside down, we want the following to be clear: residents still have rights. It has come to our attention that some nursing homes have been attempting to involuntary discharge/transfer residents to shelters, different…

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