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Guidance

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The Centers for Medicare and Medicaid Services (CMS) has released guidance on the Omnibus COVID-19 health care staff vaccination interim final rule that was published on November 5, 2021. The emergency regulation helps safeguard health care workers and the people they serve from COVID-19 and its variants for all individuals seeking care. This is done by imposing requirements regarding vaccinations for eligible staff at health care facilities participating in the Medicare and Medicaid programs.

This guidance provides important information on implementation as well as guidelines to assess and maintain compliance with the COVID-19 vaccination requirements for health care workers at facilities participating in the Medicare and Medicaid programs.

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ODP Announcement 21-090 is to provide guidance to licensees that operate Community Homes for Individuals with an Intellectual Disability or Autism, licensees that operate Life Sharing Homes, ODP-enrolled providers of licensed or unlicensed Residential Habilitation, ODP-enrolled providers of licensed or unlicensed Life Sharing, and/or ODP-enrolled Supported Living providers (“Providers”). This guidance is about the use of assistive technology and remote supports to achieve individual’s goals and outcomes while balancing the benefits of technology use with the requirement to protect each individual’s right to privacy.

ODP has developed a Residential Technology Evaluation Tool to assist providers in determining whether a privacy violation will or may occur. The tool is not a required form, although ODP strongly recommends its use. Providers may develop their own tool to determine whether a privacy violation will or may occur.

ODP is holding a webinar to discuss requirements and best practices for the use of assistive technology and remote supports in residential settings. The date, time, and link for registration to attend the webinar are as follows:

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The Centers for Medicare and Medicaid Services (CMS) recently issued their revised and final guidance on hospital co-location with other hospitals or health care facilities. The guidance provides clarification on how CMS and state surveyors will evaluate space and ‎service sharing arrangements for compliance with the Medicare conditions of participation (CoP). The guidance appears to loosen some restrictions relative to some past interpretations by ‎surveyors.

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Photo by Alena Shekhovtcova from Pexels

ODP Announcement 21-078 announces recent recommendations from the Centers for Disease Control and Prevention (CDC) about booster doses of COVID-19 vaccines. All three available vaccines, Pfizer, Moderna, and Janssen (Johnson & Johnson), now have available guidance regarding booster doses.

On Thursday, October 21, 2021, the CDC issued a recommendation for Moderna and Janssen booster doses for certain groups of individuals. This is in addition to the CDC’s earlier recommendation on September 24, 2021 for the Pfizer booster dose.

Eligible individuals are now able to schedule appointments and receive booster doses. The Office of Developmental Programs (ODP) will not be coordinating vaccine clinics for booster doses.

This announcement provides ODP’s expectations for residential providers, long-term care facilities, individuals and families. Questions about this announcement may be directed here.

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Message from the Department of Human Services (DHS):

Pursuant to Act 73 of 2021 (HB 1861), the suspension of various regulatory provisions under the state disaster emergency declaration that are currently in effect and which were set to expire on September 30, 2021, are now extended until further notice. A list of the regulations that were suspended in whole or in part and their current status is available at Suspended Regulations Lift.

In addition, some regulations were reinstated prior to September 30, 2021 and are not subject to Act 73 of 2021.

Please note that Act 73 of 2021 only affects state regulations that were suspended under the state disaster emergency declaration and were to be reinstated on September 30, 2021. Federal flexibilities provided through the federal public health emergency will remain in place as long as the federal public health emergency remains in effect. The U.S. Department of Health and Human Services (HHS) extended the federal public health emergency on July 19, 2021 to October 17, 2021 (90 days).

RCPA Policy Directors will be reviewing the regulatory status and provide additional guidance and information as it is communicated by the respective DHS Departments, including any special instructions on the reimplementation of any of the suspended regulations. If you have any additional questions, please contact your RCPA Policy Director or your DHS Licensing Office.

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ODP Announcement 21-063 serves to disseminate operating procedures and directions for the IM process for private ICFs as well as SCOs and County ID Programs serving individuals residing in a private ICF. The Office of Developmental Programs (ODP) has scheduled an ICF Task Force meeting to discuss this guidance and answer questions for September 15, 2021 from 2:00 pm–3:00 pm. Please register in advance for the ICF Task Force meeting.

During this meeting, ODP will also be providing private ICF stakeholders with timelines and information about the process to add incident management regulations into 55 PA. Code Chapter 6600.

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