Mellette PC is dedicated to keeping our clients abreast of the constant changes the health care landscape is currently undergoing in response to the COVID-19 pandemic. To that end please see the list of federal, state, and Mellette PC resources and announcements that detail the changes made to the health care system in response to COVID-19. This list will change as new resources and materials are published.


Resources Concerning the New OSHA Emergency Temporary Standard for the Healthcare Workplace

EEOC Guidance on COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws

Interim Final Rule on COVID-19 Vaccination Requirements for LTCFs and ICFs-IID

Updated CMS Guidance on Nursing Home Visitation

Revised CMS Guidance on Enhanced Enforcement for Infection Control Deficiencies

HHS NHSN Point of Care Testing Reporting Requirement – Instructions on how to increase your SAMS access to report through this module are available here.

CMS Guidance on Meeting the Emergency Preparedness Testing Exercise Requirements in Light of the COVID-19 PHE

CDC Guidance on COVID-19 Testing in Nursing Homes

COVID-19 Public Health Emergency Extension – Public Health Emergency extended until July 15, 2022. All waivers and temporary rules that are tied to the duration of the Public Health Emergency are similarly extended through July 15, 2022.

FAQs on CMP In-Person Visitation Aid Applications

CDC Information on How COVID-19 Spreads

AHCA and NCAL Guidance on OSHA Obligations When PPE Supply is Critically Low or Unavailable

AHCA and NCAL Recommendations for N95 Respirator Shortages

CMS Nursing Home Reopening Recommendations

COVID-19 FAQs on Medicare FFS During COVID-1

CMS Emergency Rule on COVID-19 Testing, Reporting, and Documentation Requirements

CMS Guidance on COVID-19 Testing, Reporting, and Documentation Emergency Rule

SNF QRP Tip Sheet

CMS Data on County Positivity Rates

CMS Recommendations for Re-Opening Facilities to Provide Non-Emergent Healthcare

EEOC Guidance on COVID-19 and EEO Laws

CDC Testing Guidelines for Nursing Facilities

CDC Update on COVID-19 Symptoms

Coronavirus Commission for Safety and Quality in Nursing Homes – CMS will have an independent commission assess the nursing home response to the COVID-19 pandemic

Interim Final Rule Detailing CMS Policy and Regulatory Revisions in Responses to COVID-19

Nursing Home Five Star Quality Ratings System and Staff Counts Updates – Health inspection domain of the Five Star Rating System held constant and CMS is releasing facility staffing information

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers – Blanket waivers for long term care and skilled nursing facilities.

Nursing Home Survey Activity – The guidance concerning the prioritization and limitation of survey activities released on March 23 has been extended until further notice

CDC Return to Work Criteria for HCP with Confirmed or Suspected COVID-19

COVID-19 LTC Transfer Scenarios – Guidance for transferring or discharging residents between facilities for the purposes of cohorting based on COVID-19 status

CDC Strategies to Optimize PPE

CMS LTCF Guidance

CMS Guidance for Infection Control and Prevention of COVID-19 in Nursing Homes

Families First Coronavirus Response Act

CMS Medicare Beneficiaries Telehealth Expansion and OIG Policy Statement

CMS Nursing Home Resource Center

CDC Guidance on Testing and Management of Nursing Home Residents with Acute Respiratory Illness Symptoms When COVID-19 and the Flu are Co-Circulating

OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

CDC Guidance on Interpretation of Antigen Testing in Long-Term Care Facilities


State Health Commissioner Issues COVID-19 Update for Virginia

VDH Covid-19 Vaccination Response

VDH Toolkit for Long-Term Care Facilities to Sustain COVID-19 Vaccine and Treatment Access

VDH Guidance for Assessing and Managing Exposed, Asymptomatic Healthcare Personnel

VDH Tips for Visiting Nursing Home

VDH COVID-19 Long-Term Care Task Force Guidance

VDH Covid-19 Healthcare Providers FAQ

DSS COVID-19 Vaccination Updates for ALFs

DSS COVID-19 LTC Task Force Testing Reminders

Changes to ALF ISP Requirements

VDH Testing Guidance for Healthcare Providers

Department of Labor and Industry Guidance for Employers to Mitigate the Risk of COVID-19 to Workers

Temporary Licensing Inspection Procedures for Programs Licensed by DSS

VDH Optimization Strategies for PPE in LTCFs

VDH COVID Vaccine Information

VDH Considerations for PPE and Cohorting during COVID-19 in Long-Term Care (Updated)

VDH COVID-19 Playbook

VDH Infection Prevention and Control Guidance FAQs for Nursing Homes

VDH COVID-19 Frequently Asked Questions

Mellette PC

AHLA Article - How Covid Changed the Rules: Reappraising the Future of COVID-19 Waivers

Client Advisory on CMS Emergency Vaccination Requirements

Client Advisory on CMS Data on COVID-19 in Nursing Homes

Client Advisory on CMS’s Updated Guidance on Nursing Home Visitation

Client Advisory on CMS COVID-19 Testing, Reporting, and Documentation Requirements

Client Advisory on Virginia DOLI COVID-19 Workplace Standards

Client Advisory on State Agency Guidance Evolves on Nursing and Assisted Living Facility Re-Opening

Client Advisory on Changes to Nursing Home Reporting Requirements

Client Advisory on Executive Order 60 – Discusses the statutory immunity granted to health care providers during the COVID-19 Public Health Emergency

Client Advisory on Executive Order 57 – Discusses the temporary licensure and telehealth flexibility granted to practitioners licensed in other states and the temporary authority to practice granted to Nurse Practitioners, residents, interns, and medical students

Client Advisory on Temporary Waivers for Nursing Practice

Client Advisory on DMAS Announced Provider Flexibilities Related to COVID-19 – Covers changes related to billing for COVID-19 related services, telehealth, and other waivers and flexibilities

Client Advisory on Families First Coronavirus Response Act

Client Advisory on CMS Expansion of Access to Telehealth Services by Medicare Beneficiaries and OIG’s Accompanying Policy Statement

Should you, your practice, or your business have any questions regarding the resources, please contact Peter Mellette, Harrison Gibbs, or Elizabeth Dahl Coleman at Mellette PC.

This client advisory is for general educational purposes only and does not cover all possible COVID-19 information you might need. It is not intended to provide legal advice specific to any situation you may have. Individuals desiring legal advice should consult legal counsel for up-to-date and fact-specific advice.

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