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The Centers for Medicare and Medicaid Services (CMS) released a policy memo on April 8, announcing the termination of several 1135 waivers related to resident transfers, care plans, and assessments. CMS believes that facilities should have developed processes to comply with the standard regulatory requirements relating to these practices at this stage in the pandemic. These specific waivers, implemented because of the COVID-19 public health emergency, will end on May 10.

As part of the Minnesota Legislature's budget process, the House of Representatives has included in its Health and Human Services (HHS) omnibus budget bills critical changes to the assisted living licensure law that could significantly disrupt implementation.

Due to a cancellation of a previously approved moratorium exception project, there is now $821,088 in state funding available in the current moratorium exceptions rounds, up from the $702,144 announced in January. The Long-Term Care Imperative is pushing for additional funding in the current legislature to conduct another round later this year and is glad to see the Senate supporting additional funding, which is much needed to upgrade physical plants to make infection control efforts more effective.

Lawmakers resumed legislative activity this week following a one-week break to observe the Easter and Passover holidays. It is a pivotal week as lawmakers unveil budget bills and will need to pass bills out to their respective committees by Friday. Next week, we expect lawmakers will begin to pass these budget bills off the House and Senate floors, which will set up three-way budget negotiations between the House, Senate and Governor as they attempt to complete their work to pass a balanced budget by May 17.

Last Thursday, the US Senate voted to extend the suspension of the 2% sequestration cut for all Medicare services through the end of 2021. Congress initiated sequestration in 2011 to limit Medicare costs by reducing all payments by 2%. With the onset of the COVID-19 pandemic, the sequestration was suspended for a year by Congress last April 1. The coming expiration of that suspension led to the Congressional activity to extend it further.

Minnesota’s 2021 legislative session is at the midpoint, as lawmakers are on break this week in observance of the Easter and Passover holidays. When lawmakers resume legislative activity on April 5, it will be full steam ahead as lawmakers will push to pass budget and policy bills before the legislative session adjourns on May 17.

Yesterday, the Minnesota Department of Health (MDH) published updated guidance which allows for more flexibility for dining and guidance in assisted living settings.

Activities and meals are a significant factor in combating social isolation and bringing a sense of normalcy and stability to our resident’s lives.

As we approach the midway point of the legislative session, LeadingAge Minnesota members virtually gathered for our largest advocacy event of the year, the Week at the Capitol. LeadingAge Minnesota members met with over 40 lawmakers from around the state, including Senate and House legislative leaders, to make their voices heard and advance important policy initiatives for seniors and their caregivers.

The Department of Health’s proposed rules governing assisted living facilities are pending before Administrative Law Judge (ALJ) Ann O’Reilly. We anticipated that ALJ O’Reilly would issue her Rule Report last week. Instead, Chief Administrative Law Judge Jenny Starr issued an order extending the deadline allowing until Monday, March 29, to complete the Rule Report.

Last week, DHS postponed the special COVID-19 supplemental cost report schedule to track the receipt and use of state and federal funds related to pandemic response until May 3. However, after further reflection on the lack of federal guidance on the reporting of provider relief funds to the federal government, DHS has decided to postpone the submission of the COVID schedule by care centers indefinitely.

State and federal regulators provided updated guidance that allows for more visitors to enter our building with fewer restrictions and allows for vaccinated residents to leave our settings without the requirement of a 14-day quarantine in some instances. Just this morning, MDH posted updated Long-term Care Guidance for Non-medically Necessary Outings, Long-term Care Visitation Guidance for Nursing Facilities and Assisted Living–type Settings, and two flowcharts to inform congregate care settings of the guidance updates linked later in this story. In these guidance documents, MDH adopted the QSO 20-39-NH revised memo for assisted living communities; and, adopted the CMS recommendations for health care settings.

In preparation for licensure of Minnesota’s assisted living settings on Aug. 1, LeadingAge Minnesota has prepared several new tools to help you prepare for implementation.

Assisted living settings will be required to apply for licensure by June 1. Although the rules have not yet been finalized and legislative discussions continue, it is important to prepare for your setting’s application for licensure and for implementation. To aid you in your efforts, we have launched tools and checklists to help you as you prepare for licensure:

Over the past several weeks, the Minnesota Department of Health (MDH) has convened provider, consumer and agency stakeholders in a series of meetings to identify additional changes to the assisted living licensure law in order to pass a bill during the 2021 legislative session. The goal was to reach stakeholder consensus on a set of changes that are critical to the smooth, timely implementation of the assisted living licensure law later this year and work with lawmakers to pass those changes in this legislative session.

Heath care workers (HCW) and travel is a topic that continues to elicit questions because of the complexity and multivariate nature of the guidance. Current guidance from the Minnesota Department of Health recommends abstaining from travel due to the pandemic. If HCWs decide to travel, you should consider the following information as you create organizational protocols that best address your expectations regarding travel to keep staff and residents safe.

As March begins, state health officials reported a new vaccine milestone. As of March 2, 53% of Minnesota seniors received at least one dose of a COVID-19 vaccine. Building off this announcement, Governor Tim Walz stated that his administration will not move on from the current vaccine distribution phase until 70% of Minnesotan’s ages 65 and over have been fully vaccinated. With the one-dose Johnson & Johnson vaccine arriving in Minnesota this week, Walz believes the state can reach the 70% senior benchmark by April. Here is what you need to know about what’s happening at the Capitol:

The Minnesota Office of Management and Budget will release the February Forecast, a major indicator of the financial health of the state, this Friday afternoon. Lawmakers and policy experts anticipate an improved economic situation from the December Forecast and are beginning to have conversations on how it will influence the two-year budget-making process already well underway. Here is what you need to know about what’s happening at the Capitol:

The Department of Human Services is further amending temporary modifications to certain licensing requirements for Adult Day Services to allow more people to receive services and to allow license holders to increase daily shift hours.

Effective Feb. 17, the following licensing requirements are modified for adult day centers:

On Feb. 16, the Minnesota Department of Health (MDH) released a new document COVID-19 Recommendations for Health Care Workers that reviews diagnostic testing of health care workers (HCW), management of HCW exposure to COVID-19, HCW return to work, guidance for ill HCW and travel recommendations for our staff. Additionally, within the guidance document, MDH cites several already existing documents that informed the creation of this resource.

LeadingAge Minnesota President & CEO Gayle Kvenvold announced this week in a President’s Message that the 2021 Institute will be a virtual conference from May 18-21.

A 14-day quarantine after admission is daunting for many residents.  Transitions may already be difficult and are now compounded by the necessary infection prevention and control practices in place during the pandemic.