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Austin, Texas 78701
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COVID-19 Updates for Texas Nursing Facilities

Reporting Requirements:
​ 

When there is a new case of COVID-19 at your nursing facility, you must report to the following: 
  • Local Health Authority 
  • Texas Health & Human Services Commission (“HHSC”) through the Complaint and Incident Intake by calling 1-800-458-9858 or through TULIP within 24 hours of the positive test.
  • Weekly to the CDC through the NHSN with the following information:
(i) Suspected and confirmed COVID-19 infections among residents and staff, including residents previously treated for COVID-19;
(ii) Total deaths and COVID-19 deaths among residents and staff;
(iii) Personal protective equipment and hand hygiene supplies in the facility;
(iv) Ventilator capacity and supplies in the facility;
(v) Resident beds and census;
(vi) Access to COVID-19 testing while the resident is in the facility; 
(vii) Staffing shortages; and 
(viii) Other information specified by the Secretary

If you are using a point-of-care machine manufactured by Quidel or BDVeritor, then you must also report to DSHS per order of the Governor, Greg Abbott.  Receive more information here.  Register here.​

When to test:
Routine Testing Intervals by Community COVID-19 Activity Level:
Important things to keep in mind: 
  • An outbreak is not a cluster; HHSC defines an outbreak as any new confirmed positive case
  • The facility has an affirmative obligation to ensure that the test results are received within 48 hours of testing
  • Refusals must be documented
  • Surveyors have been tasked to check compliance with testing
  • Issues with funding, availability of equipment, lab delays, etc., are not sufficient reasons for noncompliance and a facility will be cited.  There must be sufficient documentation to prevent a facility from receiving a citation!
  • A failure to comply can result in a $400 per day CMP or an $8,000 per instance CMP

Testing with a CMS-issued Point of Care Machine: 
  • Tests will be resupplied through your McKesson representative.  You should be receiving a “monthly” allotment.  This will be different for everyone. If you need more tests to carry you through for a month, then you need to work through your McKesson representative. Resupply is at the facility’s expense.
  • YOU MUST HAVE A CERTIFICATE OF TRAINING to use the point-of-care machines provided by CMS.  If you have a BDVeritor, then go here.  If you have a Quidel, go here.  Surveyors will be asking for this to evaluate compliance!  
 
  • Remember: tests conducted with the point-of-care machines must be reported within 24 hours. To comply with the Governor’s order with regard to reporting, you must register here. This is the “extra” reporting requirement that you incur when you choose to use the point-of-care machines. It does not replace any of the previously required reporting obligations. You still must report to HHSC, your local health authority, and NHSN as you did before you used the point-of-care tests.  

CLIA Waivers:
  • If you do not have a current CLIA waiver, you will not receive an antigen testing machine
  • In Texas, there is not a special waiver, a general CLIA waiver should be sufficient
  • Every Texas facility that has a current CLIA waiver can expect to get a machine no later than the end of September
  • When you receive a machine, you will incur specific reporting obligations separate and apart from your current testing obligations.  

Positivity Rates:
  • Review the CDC website on the 1st and 3rd Monday each month for the latest rates.  You can find the latest CMS-published positivity rates here.  
  • When your county positivity rate decreases, the county numbers have to be consistently lower for two weeks before you can reduce the frequency of testing.  

Funding: 
  • HHSC just announced the details of the Provider Relief Fund Nursing Home Incentive Payment Plan.  Notably, “Nursing homes will not have to apply to receive a share of this $2 billion incentive payment allocation; HHS will be measuring nursing home performance through required nursing home data submissions and distributing payments based on these data.”  You can read more here.
​
More Nursing Facility Resources: 
  • HHSC Guidance
  • COVID-19 Testing for Nursing Facilities
  • Reporting Requirements for Nursing Facilities Reporting
  • Emergency Rules
  • CMS Guidance
  • FAQs re CMS-mandated Testing

Visitation Guidance:
  • HHSC NF Visitation Provider Letter
  • Form 2197

Have Questions?

Reach out to Jacobson PLLC Today!
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Phone​  512-855-2134
Principle Office  ​111 Congress Ave., Suite 400, Austin, Texas 78701
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