According to the U.S. Centers for Disease Control and Prevention (\u201cCDC\u201d), Senior Living and Long Term Care facility populations are at the highest risk of being affected by COVID-19.\u00a0 As of March 13, 2020, Governor Gina Raimondo has restricted all visitors from all nursing facilities.\u00a0 In order to mitigate the risk of COVID-19 while ensuring compliance with all pertinent rules and regulations, facilities should keep in mind the following considerations:<\/p>\n
HIPPA regulations must also be considered when assessing the implications of COVID-19 for Senior Living and Long Term Care facilities.\u00a0 Communication between employees, residents, residents\u2019 families, federal and state health agencies is paramount in dealing with this outbreak.\u00a0 However increased and clearer communication does not mean that HIPPA regulations can be ignored, especially regulations pertaining to resident privacy.\u00a0 This is a great time to remind employees that pursuant to state and federal regulations (42 C.F.R. 483(h)), patient medical records are still confidential.\u00a0 HIPPA (42 C.F.R. 164.512(b)(1)(i)) permits, in pertinent part, disclosures to government health agencies without the residents\u2019 authorization of disclosure to prevent or control disease, injury or disability.\u00a0 Resident confidentiality should still be a top priority even in the face of a health crisis.\u00a0 Consider whether your facility has contemplated how patient\u2019s ethical and legal rights to confidentiality and privacy are affected by the reporting of any potential outbreak.<\/p>\n
COVID-19 also creates challenges within the Employment law context for Senior Living and Long Term Care facilities.\u00a0 Reviewing safety programs and emergency preparedness with employees and staff is an important place to start.\u00a0 Protection and safety of employees must also be considered as the potential number of sick residents increases.\u00a0 Protocols establishing priority for the rapid vaccination or administration of antiviral medication to health care personnel should also be implemented.\u00a0 The CDC<\/a> also recommends identifying dedicated employees to care for COVID-19 patients and provide these employees with infection control training.\u00a0 Further consideration must also be given to your facility\u2019s sick leave policy.\u00a0 These policies may need to be flexible as staff absences may increase due to the employee\u2019s own illness or a family member\u2019s illness.\u00a0 Finally, remind supervisors and managers that in making any COVID-19-related employment decisions factors such as race or country of origin may not be considered.\u00a0 As this virus continues to develop it is important to check in with updates from the CDC, OSHA, and state and local health agencies to assess whether employment policies and emergency preparedness plans need to be modified.<\/p>\nCompliance Considerations<\/u><\/h2>\n