The ongoing public health emergency shouldn’t stop providers from giving ombudsman access to nursing home residents, according to the Centers for Medicare & Medicaid Services.
The agency issued an updated memo Thursday reminding facilities that federal nursing home regulations, along with the CARES Act, require that the state long-term care ombudsman must have continued direct access, or virtual access, to residents during any portion of the public health emergency.
CMS noted that in-person access may be restricted during the public health emergency if there are concerns about infection control or the transmission of COVID-19. If that’s the case, providers must facilitate resident communication — by phone or through the use of technology — with the ombudsman.
“The CARES Act does not repeal or amend CMS requirements under sections 1819 or 1919 of the act or implementing regulations. Nor does it place a time limit or expiration date,” the agency wrote. “Instead affirms that the current pandemic requires the ombudsman program and long term care facilities to support resident access and communication in a variety of methods.”
