On April 8, 2020, CMS issued follow up guidance to healthcare providers to address infection control for COVID-19 patients, including patient monitoring, isolation techniques, supply shortage guidance, and staff training to avoid infection. CMS intends this guidance to “empower hospitals and healthcare systems… by equipping providers and clinicians with clear guidance based on CDC recommendations.” The new guidance is released based on provider type either as a standalone document or as an update to prior instructions. The facility-specific guidance is available at the links below:

This expanded guidance is similar to the infection control guidelines released on April 6th for Long-Term Care facilities and seeks to address the risks associated with treating COVID-19 patients (or those suspected of having COVID-19). CMS also provided additional information through updated guidance to hospitals regarding how to comply with EMTALA while appropriately utilizing the infection control protocols for possible COVID-19 patients. Hospital drive-through testing sites, triage expectations and use of telehealth are now addressed in the EMTALA guidance document.

Norton Rose Fulbright attorneys will continue to follow COVID-19-related developments pertinent to health care providers on a daily basis and publish regular updates in the Health Law Pulse.