AUTHORITY OF CONSERVATORS AND AGENTS UNDER POWERS OF ATTORNEY RELATED TO RESIDENTS’ RIGHTS

California Department of Social Services PIN 21-48-ASC November 17, 2021 TO: ALL RESIDENTIAL CARE FACILITY FOR THE ELDERLY LICENSEES Original signed by Kevin Gaines FROM: KEVIN GAINESDeputy DirectorCommunity Care Licensing Division SUBJECT: AUTHORITY OF CONSERVATORS AND AGENTS UNDER POWERS OF ATTORNEY RELATED TO RESIDENTS’ RIGHTS Provider Information Notice (PIN) Summary PIN 21-48-ASC provides guidance regarding the authority of conservators and agents under powers of attorney related to specified residents’ rights.

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Visitation, No Excuses – CMS Restores Full Visitation Access in Nursing Homes!

Citing high COVID-19 vaccination rates for residents and staff and proclaiming that “continued restrictions on this vital resident’s right [visitation] are no longer necessary,” the Centers for Medicare and Medicaid Services (CMS) has restored the right of residents to visitors of their choosing whenever they want. The new CMS guidance prohibits facilities from: – limiting the frequency of a residents’ visits,– limiting the duration of a residents’ visits,– limiting the number of a residents’ visitors,– confining visits to particular hours of the day, or– requiring advance scheduling of visits.Additionally, the guidance clarifies that visitors must be allowed during any COVID-19 outbreak or outbreak investigation.

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Assembly Bill (AB) 451 – Treatment of Psychiatric Emergency Medical Conditions

AFL 21-43 From the California Department of Public Health November 15, 2021 TO: General Acute Care Hospitals (GACHs)Acute Psychiatric Facilities (APHs) SUBJECT: Assembly Bill (AB) 451 – Treatment of Psychiatric Emergency Medical Conditions All Facilities Letter (AFL) Summary This AFL notifies GACHs and APHs of the chaptering of AB 451 (Chapter 438, Statutes of 2021) that requires a psychiatric unit within a GACH, an APH, or a psychiatric health facility (PHF), to accept a transfer of a person with a psychiatric emergency medical condition if specified conditions are met.

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Movement of Patients/Residents in the Healthcare Continuum During Seasonal Surges and the Coronavirus Disease 2019 (COVID-19) Pandemic

AFL 20-87.1 From the California Department of Public Health November 15, 2021 TO: Skilled Nursing FacilitiesGeneral Acute Care Hospitals SUBJECT: Movement of Patients/Residents in the Healthcare Continuum During Seasonal Surges and the Coronavirus Disease 2019 (COVID-19) Pandemic(This AFL supersedes AFL 20-87) All Facilities Letter (AFL) Summary This AFL provides guidance for admission and readmission of skilled nursing facility (SNF) residents during seasonal hospital surges and the COVID-19 pandemic.This AFL provides guidance on working with local public health departments (LHD) and hospital discharge planners to ensure appropriate placement of resident following hospital discharge.This AFL revision includes updated guidance based on residents’ vaccination status.

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Notice of Stakeholder Meeting for the Quality and Accountability Supplemental Payment (QASP) Program

AFL 21-39 From the California Department of Public Health November 8, 2021 TO: Skilled Nursing Facilities and Other Interested Stakeholders SUBJECT: Notice of Stakeholder Meeting for the Quality and Accountability Supplemental Payment (QASP) Program All Facilities Letter (AFL) Summary This AFL notifies skilled nursing facilities (SNFs) and other interested stakeholders that the California Department of Public Health (CDPH) and the Department of Health Care Services (DHCS) are holding a stakeholder meeting on November 19, 2021 to discuss the reauthorization the QASP Program.

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INFLUENZA OR “FLU”, NOVEL CORONAVIRUS DISEASE 2019 (COVID-19), PNEUMONIA AND INFECTION CONTROL GUIDANCE

California Department of Social Services PIN 21-46-ASC November 5, 2021 TO: ALL ADULT AND SENIOR CARE PROGRAM LICENSEES Original signed by Kevin Gaines FROM: KEVIN GAINESDeputy DirectorCommunity Care Licensing Division SUBJECT: INFLUENZA OR “FLU”, NOVEL CORONAVIRUS DISEASE 2019 (COVID-19), PNEUMONIA AND INFECTION CONTROL GUIDANCE Provider Information Notice (PIN) Summary PIN 21-46-ASC provides information for the prevention, mitigation, and containment of the flu, COVID-19, and pneumonia in Adult and Senior Care facilities based on the recommendations from the Centers for Disease Control and Prevention (CDC) and California Department of Public Health (CDPH) guidance.

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Grieving relatives sue facilities over COVID-19 deaths. Nursing homes say they’re immune

By Emily Alpert Reyes, Los Angeles Times, November 5 2021 Helena Apothaker holds a photograph of her and her mother, Catherine, in West Hollywood. Apothaker is suing Silverado Senior Living after her Catherine died of COVID-19 at a care facility near the Fairfax District. (Francine Orr / Los Angeles Times) Helena Apothaker was raw with grief for her mother, who had died of COVID-19 as the virus swept through a care facility in Beverly Grove, when she heard the news that infuriated her: The facility had admitted a new resident amid the pandemic.

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The Forgotten Nursing-Home Tragedy

Opinion by Jay Caspian Kang, New York Times, November 4 2021 For many of the most vulnerable people in our society, the pandemic has not let up. More than 186,000 residents and staff members of nursing homes and long-term-care facilities have already died of Covid-19. In March, the Covid Tracking Project estimated that nearly 1 in 10 people who lived in nursing homes in the United States had died of the virus.

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Biden-Harris Administration Issues Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers

National requirement protects patients at nearly 76,000 providers and covers more than 17 million health care workers The Biden-Harris Administration is requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and Medicaid programs. The emergency regulation issued by the Centers for Medicare & Medicaid Services (CMS) today protects those fighting this virus on the front lines while also delivering assurances to individuals and their families that they will be protected when seeking care.

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Coverage is Available for COVID-19 Vaccinations for Eligible Children Ages 5 through 11

Coverage without cost-sharing is available in Medicare, Medicaid, CHIP, and the commercial health insurance market Following the U.S. Food & Drug Administration’s (FDA) recent action authorizing the Pfizer-BioNTech COVID-19 Vaccine for the prevention of COVID-19 in children 5 through 11 years of age and a recommendation from the Centers for Disease Control and Prevention (CDC), the Centers for Medicare & Medicaid Services (CMS) is reminding eligible consumers that coverage is available without cost-sharing under Medicare, Medicaid, the Children’s Health Insurance Program (CHIP), and in the commercial market for this critical protection from the virus without cost sharing.

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