April 8, 2020
KHCA/KCAL is committed to providing our members with important updates. Below is a list of the most recent COVID-19 updates. Please visit our website for a list of complete updates. www.khca.org

The KHCA/KCAL staff is here working for you! Due to the volume of calls you may need to leave a message. We will return your call as soon as we possibly can.
LTC Provider Questionnaire on COVID-19 Surge Capacity
Purpose:  As the state prepares for a surge of COVID-19 cases in the coming days, the three long-term care associations are working together to find out about long term care providers plans, capacity and current practice.
Kansas State Fire Marshal’s Office Revises Guidance on Virtual Inspections 
Payroll Based Journal Update
CMS is waiving 42 CFR 483.70(q) to provide relief to long-term care facilities on the requirements for submitting staffing data through the Payroll-Based Journal system. This means that staffing data for the first quarter of 2020 (1/1/20 – 3/31/20) will not need to be submitted for the May 15, 2020 deadline, nor will this data need to be submitted later.

At present, there is no additional information as to how long this waiver will remain in place and  providers should continue to collect staffing data , as CMS has only waived submission of data but not the collection of the data. 
CMS Call on Thursday
Opportunities for hospitals, health systems, and providers to ask questions of agency officials regarding CMS’s temporary actions that empower local hospitals and healthcare systems to: 
  • Increase Hospital Capacity – CMS Hospitals Without Walls; 
  • Rapidly Expand the Healthcare Workforce; 
  • Put Patients Over Paperwork; and 
  • Further Promote Telehealth in Medicare 

Submit questions in advance to  partnership@cms.hhs.gov , including “Office Hours” in the subject line. There will also be live Q&A. Conference lines are limited, so it is highly encouraged you to join via audio webcast, either on your computer or smartphone web browser. 
Thursday, April 9th 
4:00 – 5:00 PM CST
Attendee Dial In: 833-614-0820 
Event Plus Passcode: 1881716 
OSHA Issues Memoranda on Respiratory Protection   
The Occupational Safety and Health Administration (OSHA) has issued two separate enforcement memoranda related to the use of respirators by healthcare and non-healthcare employers. This includes all long term care providers: skilled nursing, assisted living, and ID/DD providers. The memoranda address issues facing employers regarding the respirator shortage, giving employers limited relief from OSHA’s Respiratory Protection standard as a result from COVID-19.

The  first memoranda  gives employers relief to extend the use of National Institute for Occupational Safety and Health (NIOSH) – approved respirators and to permit reuse of them. The  second memoranda   allows employers in certain circumstances to use respirators approved by another country, where NIOSH-approved respirators are not available. Employers must exhaust all NIOSH-certified respirators prior to use non-NIOSH-certified respirators. You can read more details including the guidance on  Littler’s website

Be Prepared - OSHA Requirements for PPE  
AHCA/NCAL has learned that some members and other health care entities are receiving letters from OSHA regarding lack of PPE. AHCA/NCAL has consulted with our outside consultants who recommend preparing a plan with the following information:  
  1. If you are running low on PPE, follow the CDC guidance and guidance from your local health department. 
  2. Have a plan in place that deals with potential exposure to COVID-19 for employees, for example, what happens if a staff member has respiratory or other symptoms indicative of COVID-19 or tests positive with COVID-19. 
  3. Communicate this plan to all staff often and have it available for staff to review.  

Recording workplace exposures to COVID-19 - Occupational Safety and Health Administration (OSHA)  
OSHA recordkeeping requirements at  29 CFR Part 1904  mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. While these requirements exempt recording of the common cold or flu, COVID-19 is a recordable illness when a worker is infected on the job if the following are met: 
  1. Case is confirmed COVID-19 
  2. The case is work-related as defined by 29 CFR 1904.5 and 
  3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 

Kansas Health Care Association and the Kansas Center for Assisted Living
1100 SW Gage Blvd Topeka, KS 66604
PH: 785-267-6003 FAX: 785-267-0833