Expect more surveyors to come knocking — and know what they’re looking for. A slew of blanket waivers enacted by the Centers for Medicare & Medicaid Services (CMS) in earlier phases of the COVID-19 pandemic are slated to end, according to recent releases from the agency. The 2022 dates you need to know are coming up: May 7 (but really May 6, since May 7 is a Saturday), and June 6. “While the waivers of regulatory requirements have provided flexibility in how nursing homes may operate, they have also removed the minimum standards for quality that help ensure residents’ health and safety are protected. Findings from onsite surveys have revealed significant concerns with resident care that are unrelated to infection control (e.g., abuse, weight-loss, depression, pressure ulcers, etc.). We are concerned that the waiver of certain regulatory requirements has contributed to these outcomes and raises the risk of other issues,” said David R. Wright, director of quality, safety, & oversight group at CMS, in an April 7 QSO memorandum. Note These 5 Changes for May The waivers that CMS is ending first, in May, include the following: Change These Environment and Care Situations by June CMS had made several waivers to allow facilities and communities more flexibility during some of the most emergent periods of the COVID-19 pandemic. Some of the waivers that covered situations involving physical environmental concerns, particularly in regard to resident rooms are ending. They include: CMS had also enacted several waivers to help nursing homes adequately staff their floors during emergent phases of the COVID-19 pandemic. The following waivers are ending: Sufficient, quality staffing has been a chronic issue for the LTC industry, and leaders note that the nurse aide exemptions have been a particularly useful band-aid, whose sudden loss will reverberate throughout LTC. The American Health Care Association/National Center for Assisted Living (AHCA/NCAL) recommends putting a lot of focus on documentation if your facility will be adversely affected by the waivers related to nurse aides ending. Evaluate and document each aide-in-training’s efforts to complete their respective training and testing, and make sure each enrolls in the appropriate training/testing programs or centers as soon as possible — even if they can only join a waitlist. The organizations also recommend keeping a log of all communications with the state agencies overseeing nurse aide programs, as well as any training/testing centers. Understand the Context CMS had issued many blanket waivers in an attempt to maximize flexibility and resiliency for nursing homes during several emergent phases of the COVID-19 pandemic. Many of the waivers were also intended to reduce the risk of exposing residents to people who did not already reside or work in the facilities. However, in a previous memorandum, CMS noted that some residents were suffering from conditions that surveyors usually caught, like weight loss, pressure ulcers, loss of mobility or function, abuse or neglect, depression, inappropriate use of antipsychotic medications, and the competency of nurses providing care, notes Linda Elizaitis, RN, RAC-CT, BS, president and founder of CMS Compliance Group in Melville, New York. Surveyors who have returned to on-site inspections — of facilities that were deemed to have high-risk situations or a history of failures in care for residents — found the inadequacies they expected to find. Wright notes that this breakdown in resident care is part of the reason CMS is scrapping some of the waivers.