- OSHA Withdraws Healthcare Emergency Temporary Standards (ETS), OSHA Vaccine Mandate ETS Now Applies to All Providers
- CDC Updates and Shortens Recommended Quarantine Period
- CMS Issues New Visitation FAQs
- Update on Phase 4 Provider Relief Fund and ARP Rural Payments
December 28, 2021
| Yesterday, the Occupational Safety and Health Administration (OSHA) updated its website to withdraw the non-record-keeping portions of the healthcare emergency temporary standards (ETS) issued in June. The ETS is no longer in effect; however, the record-keeping requirements in the ETS will continue as they were adopted under another section of the OSHA Act.
OSHA intends to issue a final standard in the coming months that will incorporate much of the June ETS. Meanwhile, OSHA strongly encourages all health care employers to continue to implement the ETS’ requirements and notes they will continue enforcement of COVID safety standards through the general duty clause.For details on the June ETS, see AHCA/NCAL’s summary. Due to the withdrawal of the June health care ETS, large health care employers (100 or more), including all assisted living, nursing, or other long-term care providers, are now subject to OSHA’s vaccine mandate ETS. At this time the vaccine mandate ETS is effective, with a January 7, 2022, hearing before the United States Supreme Court. The OSHA vaccine mandate would apply to those providers also covered by CMS’ vaccine mandate interim final rule (IFR), should the government prevail and the IFR be implemented. The CMS IFR is not being enforced pending a hearing before the U.S. Supreme Court, also set for January 7, 2022. The OSHA vaccine ETS includes an option for testing unvaccinated employees (the CMS IFR does not). OSHA will not issue citations for non-compliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA notes that it plans to work closely with employers to provide compliance assistance. Florida providers must also be mindful of complying with Florida’s newly enacted law that grants exemptions from vaccinatino to employees. The issue of whether the federal OSHA and CMS rules preempt the state law has not yet been determined by the courts. FHCA will continue to provide updates on these requirements. Please watch for an announcement of educational information delivered by AHCA/NCAL on OSHA’s vaccine and testing requirement. CDC Updates and Shortens Recommended Quarantine Period The CDC announced changes to their COVID-19 isolation and quarantine guidance for the general public, which includes long term care residents. They will shorten both the isolation and quarantine periods based on new data regarding infectiousness and the Omicron variant. Read More CMS Issues New Visitation FAQs Last week, CMS issued a new set of Frequently Asked Questions (FAQs) on the revised nursing home visitation guidelines outlined in the memo, “QSO-20-39-NH REVISED.” AHCA/NCAL has highlighted the most frequent questions from members in CMS’ four-page FAQs here. Update on Phase 4 Provider Relief Fund and ARP Rural Payments HRSA provided updated information on the status of PRF Phase 4 and ARP Rural Payments. Topics include size of Phase 4 awards, additional detail on Phase 4 methodology, update on hospital funds transfer to SNFs, and updated timelines regarding receipt of funds and provider requests for individualized support. Reporting Period 2 begins on January 1, 2022. The extended Reporting Period 1 ended on December 20, 2021, and no additional Reporting Period 1 extensions will be offered. Due to technical difficulties during the Reporting Period 1 dates, HRSA urges providers to submit as soon as possible. Read More |