PHO 20-20 and 20-38 terminated

 

To: Residential care facilities (Nursing Homes, Assisted Living Facilities, Group Homes, and Intermediate Care Facilities) From: CDPHE COVID-19 Infection Prevention Program and HFEMS Division Dear Stakeholders: Public Health Orders 20-38 and 20-20 will be terminated, but the requirements under those public health orders will continue in emergency rules. The Board of Health adopted key provisions from those orders, including requirements for COVID-19 disease mitigation practices, vaccination and treatment plans for certain health facility licensees, as well as ongoing hospital data reporting. Please let us know if you have any questions, but in the interim, we’ve provided a few FAQs below: What do the expiring public health orders mean for providers and nursing homes? PHO 20-20 applies to four health facility types: skilled nursing facilities, assisted living residences, intermediate care facilities, and group homes. It requires these facility types to maintain plans for infection prevention, vaccine access for residents and staff, and the provision of treatment as needed on a permanent basis. Additionally, an infection control officer must be identified for each licensed health facility to assure that the requirements of the PHO are met. These requirements have now transitioned from the PHO into state Board of Health emergency rules. Expiration of this PHO will not impact facilities as the same requirements they have been following under the PHO now are codified in emergency rule.   Is the Board of Health’s decision to adopt the provisions of the public health orders into state rule permanent?  On February 15, 2023, the state Board of Health adopted emergency rules that incorporated portions of public health orders 20-20 and 20-38 pertaining to emergency preparedness and response, disease mitigation, and health facility licensing. Emergency rules by state law may only be in effect for 120 days. The state Board of Health is scheduled to hold a permanent rulemaking hearing for these same rules on April 19, 2023.   Do we have additional requirements under the Board of Health rule?  The Board of Health emergency rules do not create any new reporting requirements or burdens for providers.