September 20, 2021

Volume XI, Number 263

Advertisement

September 17, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Nursing Home Visitation Resumes Amid COVID-19 Vaccination Rollout

On March 10, 2021, the Centers for Medicare & Medicaid Services (CMS), in association with the Centers for Disease Control and Prevention (CDC), issued updated guidance for nursing homes to resume visitation options during the COVID-19 pandemic. Nursing homes have been devastatingly effected by COVID-19, with outbreaks causing high rates of infection and death.[1] As a result, CMS had previously enacted strict visitation guidelines in order to slow the spread of the virus in nursing homes.[2]

Now, with the successful administration of the COVID-19 vaccine, and reduced positivity rates, CMS is updating its recommendations to allow for visitation to resume in nursing homes.[3] As outlined in the updated guidance, nursing homes can now allow indoor visitation at all times for all residents, regardless of vaccination status of the visitor or resident. Visitation may still be limited for the following:

  • Unvaccinated residents, if the COVID-19 county positivity rate is greater than 10 percent and less than 70 percent of residents in the facility are fully vaccinated;
  • Residents with confirmed COVID-19 infection, whether vaccinated or unvaccinated, until they have met the criteria to discontinue transmission-based precautions; or
  • Residents in quarantine, whether vaccinated or unvaccinated, until they have met criteria for release from quarantine.

Visits for compassionate care, such as an end-of-life situation, may be allowed at all times for any resident (vaccinated or unvaccinated), regardless of the above scenarios.

Even though indoor visitation may resume in nursing homes, CMS strongly recommends that all facilities and visitors continue all infection prevention and control practices, including maintaining physical distancing, wearing a mask, and conducting visits outdoors whenever possible. 

© 2021 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume XI, Number 74
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Timothy Cahill Health Care Attorney Dinsmore Law Firm
Partner Of Counsel

Tim is an attorney with more than two decades of experience in health care-related fields. He has worked as in-house counsel and external counsel for non-profit and commercial health care organizations, health systems, hospitals, physicians and physician groups, joint ventures, and other corporate clients. Most recently, Tim served in the role of general counsel of a regional health system, working closely with the executive team and board to further the organization’s strategic mission and significantly improve operating revenues.

In his practice, Tim has addressed a wide range...

614-227-4274
Sydney Pahren, Dinsmore Law Firm, Columbus, Corporate Law Attorney
Associate

Sydney is a member of Dinsmore’s Corporate Department, where she focuses her practice on health care law. 

She has experience researching legal issues in health care, litigation, labor & employment and corporate law. She is a graduate of The Ohio State University Moritz College of Law where she was an articles editor on the Ohio State Law Journal and an executive board member of the Black Law Students Association. 

614-628-6971
Advertisement
Advertisement
Advertisement