CMS Issues Phase 1 Recommendations for Re-Opening Certain Healthcare Facilities

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Wilson Sonsini Goodrich & Rosati

On April 19, 2020, the Centers for Medicare & Medicaid Services (CMS) issued Phase 1 of recommendations for re-opening certain healthcare facilities that provide non-emergent healthcare following COVID-19 related non-essential business closures. Previously, CMS recommended limiting non-essential medical and surgical procedures to preserve personal protective equipment, beds, and ventilators that could be used for those providing essential COVID-19 related healthcare. The Phase 1 recommendations recognize that flexibility to provide non-emergent healthcare is needed in areas with low, relatively low, and stable incidences of COVID-19. Phase 1 will enable healthcare facilities and clinicians to provide clinically necessary care to patients with non-COVID-19 needs or complex chronic disease management.

Phase 1 requires that states or regions must first pass the Gating Criteria that were announced on April 16, 2020.

  • Symptoms: Downward trajectory of influenza-like illnesses (ILI) reported within a 14-day period AND downward trajectory of COVID-like syndromic cases reported within a 14-day period.
  • Cases: Downward trajectory of documented cases within a 14-day period OR downward trajectory of positive tests as a percent of total tests within a 14-day period (flat or increasing volume of tests).
  • Hospitals: Treat all patients without crisis care AND robust testing program in place for at-risk healthcare workers, including emerging antibody testing.

Once these Gating Criteria are passed, states or localities can begin to plan to re-start non-COVID-19 related non-emergent care, such as procedural care (surgeries and procedures), chronic disease care, and, ultimately, preventive care. A number of factors must be planned for and addressed prior to re-starting care.

  • Healthcare facilities must have sufficient equipment, supplies, and medication to treat non-COVID-19 related patients as well as be able to cover any surges in COVID-19 cases.
  • Facilities should establish Non-COVID Care (NCC) zones to treat non-COVID-19 related patients and must screen all patients for COVID-19 prior to allowing admission.
  • Staffing levels must be able to cover potential COVID-19 surges and all healthcare providers and staff must wear masks and undergo routine COVID-19 screening.
  • Patients should wear cloth face coverings.
  • Social distancing practices should be maintained, including spacing chairs six feet apart in waiting areas and limiting non-patient visitors.
  • Spaces should be thoroughly cleaned and disinfected.

CMS recommends that all healthcare facilities that choose to restart non-emergent care continually reevaluate whether their state or locality meets the Gating Criteria and adjust business operations accordingly. CMS will issue additional Phases of recommendations for re-opening in the future.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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