{"id":"DUT-FED-023","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Centers for Medicare \u0026 Medicaid Services (condition of participation for long-term care facilities)","authority":"42 U.S.C. 1395i-3(d)(3), 1396r(d)(3); 42 C.F.R. 483.80 (as amended 85 Fed. Reg. 27627 (May 8, 2020) and 85 Fed. Reg. 54873 (Sept. 2, 2020))","instrument":"42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)","title":"§ 483.80 Infection control","dateIssued":"2016-10-04","effective":"standing; (g) effective May 8, 2020; (h) effective Sept. 2, 2020","end":"standing through the claim period","startDate":"2020-05-08","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","HC","EMP","VAX"],"addressees":["long-term care facilities participating in Medicare or Medicaid"],"clause":"(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.","enforcement":"42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)","functions":[],"notes":"Every Medicare or Medicaid nursing facility (about 15,400 employers) was under a standing \u0027must\u0027 duty to run an infection prevention and control program, and from May 8, 2020 to report COVID-19 data weekly to the CDC\u0027s NHSN and to notify residents and families, and from September 2, 2020 to test residents and all staff on the Secretary\u0027s parameters (set in QSO-20-38-NH, Ex. FED-168, by county positivity rate); the May 13, 2021 rule added § 483.80(d)(3) education and offering of vaccination (Ex. FED-094). Character as recorded: regulatory_duty (condition of Medicare and Medicaid participation).","sourceUrl":"https://www.govinfo.gov/content/pkg/CFR-2020-title42-vol5/pdf/CFR-2020-title42-vol5-sec483-80.pdf","snapshot":"","fileExists":true,"fileBytes":191896,"grade":"primary","character":"regulatory_duty","description":"","collection":"DUT-FED","url":"/library/DUT-FED-023","exhibitUrl":"/exhibit/DUT-FED-023","citation":"Centers for Medicare \u0026 Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)","stateName":"","related":["FED-168","FED-094","FED-161","FED-092"]}