DOH: Notification After the Public Health Emergency Expires

On 05/01/2023, the Department released DAL #23-03 which expressed that a pandemic plan is only required to be deployed during a pandemic, which is declared by the State and/or federal government. The required elements from DAL #20-09 do not go away on 05/11/2023, which is the date we expect the public health emergency related to COVID-19 to expire. Instead, we clarify that the pandemic plans developed in response to DAL #20-09 must be deployed in the event of a pandemic and irrespective of pandemic status, nursing homes must respond to outbreaks of infectious disease in their facility.

On the same day, CMS released QSO-23-13-ALL, attached for reference, which outlines Guidance for the Expiration of the public health emergency. Among the guidance included that nursing homes must continue to inform residents, their representatives and families following the occurrence of either a single confirmed infection of COVID-19 or 3 or more residents or staff with new onset of symptoms. This requirement expires on 12/31/2024 but in its discretion and because the requirement is intensive and the data publicly available, CMS will not enforce that providers meet this requirement.

For questions: Please send an e-mail to nhinfo@health.ny.gov.

NYSHFA | NYSCAL CONTACTS:

Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15

Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16