Greetings!

This message includes:
  • news about the latest extension of the federal public health emergency;
  • reminders about the TNA to CNA pathway; and
  • clarification about Virginia LTSS Screening and PASRR requirements.
 
Sincerely,

April Payne, MBA, LNHA
Chief Quality & Regulatory Affairs Officer
Executive Director of VCAL
Virginia Health Care Association | Virginia Center for Assisted Living 
HHS Extends COVID-19 Public Health Emergency through October 18
 
On July 19 the US Department of Health and Human Services (HHS) Secretary Xavier Becerra extended the ongoing COVID-19 public health emergency (PHE) for an additional 90 days. The new expiration date for the COVID-19 PHE is now set for October 18, 2021. Currently, it is expected that HHS will continue to renew its declaration of the PHE every 90 days through the end of 2021 and will provide a 60-day notice prior to ending it.
 
As noted in previous AHCA/NCAL communications, as long as the PHE is in place, CMS may retain its 1135 waivers. However, CMS could decide to phase out other waivers prior to the end of the PHE if it determines they are no longer needed. CMS will continue to monitor the emergency blanket waivers and may provide future updates.
 
You can access more information regarding current waivers (including the three-day stay and nurse aide waiver) that remain in place.
TNA to CNA Pathway

As mentioned above, CMS could decide to phase out any of the 1135 waivers prior to the end of the federal PHE if it determines they are no longer needed, but the agency has not done so with the alternate nurse aide training pathway waiver.
 
When Gov. Ralph Northam allowed the Commonwealth of Virginia’s PHE to expire on June 30, 2021, the expiration removed the authority the Virginia Board of Nursing (BON) had to accept applications for the temporary nurse aide to certified nursing assistant TNA2CNA test pathway. VHCA-VCAL has been discussing with policy makers whether the BON could be granted the authority to accept those applications to be deemed eligible to take the National Nurse Aide Assessment Program (NNAAP) examination through the 120 days after the expiration of the federal PHE or the CMS 1135 waiver, whichever date comes first.
 
It is important to remember that per QSO-21-17, CMS is not ending the current nurse aide waiver. CMS has recognized that time worked by nurse aides during the PHE may count towards meeting the federal 75-hour training requirement. CMS has also clarified that the four-month regulatory timeframe for completing the nurse aide training and competency evaluation requirements after hire will be reinstated when the blanket waiver ends and will start at that time. Nurse aides will have the full four-month period starting from the end of the blanket waiver to successfully complete the required training and certification, regardless of the amount of time worked during the time the waiver was in effect. 
Virginia Long Term Services and Support (LTSS) Screening and Preadmission Screening and Resident Review (PASRR) Reminder
 
Waivers related to admission screenings are also affected by the expiration of Virginia’s PHE on June 30, 2021. The end of Virginia’s PHE means the end of the situation where a nursing facility did not need to obtain Medicaid LTSS Screening (as normally would be required by 12VAC30-60-308), and may admit individuals without the Medicaid LTSS screening
 
As a reminder:
 
1.    Hospital screening teams are responsible for conducting the LTSS Screening for:
  • individuals with any type of existing Medicaid membership or
  • for any individual requesting a LTSS Screening while in a hospital, regardless of payor type.
 
2.    As of January 1, 2021, nursing facility screening teams are responsible for conducting LTSS Screenings for non-Medicaid members admitted to a nursing facility who have a change in financial status and require intermediate care facility level of care.
 
Because the PASRR screening is coupled with the LTSS Screening for Virginia’s Medicaid program, the screening team responsible for conducting the PASRR screening prior to admission is determined by whether an individual being admitted to a nursing facility is required to have a LTSS Screening before admission.
 
If the hospital or community screening team conducts the LTSS screening, then that screener will conduct the PASRR screening, because it is part of the LTSS Screening. Those screeners are required to provide a copy of the of the screening to the nursing facility for review prior to admission.
  • A hospital screening team would conduct a screening for individuals with any type of existing Medicaid membership or for any individual requesting a LTSS Screening while in a hospital regardless of payor type.
  • A community screening team would conduct a screening for individuals in the community who have an existing Medicaid membership (including those individuals who have applied and are pending approval) or for any individual requesting a LTSS Screening while living in the community, regardless of payor type.
 
If an LTSS Screening is not required, the nursing facility screening teams are responsible for conducting the Level I screening and, if applicable, requesting and obtaining results from Ascend/Maximus for a Level II screening prior to admission to the nursing facility.
 
DMAS is using this tool that outlines the screening responsibilities for use during trainings with nursing facilities and other LTSS Screeners.
Upcoming Events

July 28 30, 2021 | 3:00 pm

July 30, 2021

September 10, 2021

September 12-18, 2021

November 9-11, 2021
Quick Links
www.vhca.org | (804) 353-9101 | Calendar of Events