Summary


This Emergency Rule establishes a requirement that hospitals must not discharge any long-term care facility resident that has tested positive for COVID-19 or is exhibiting symptoms consistent with COVID-19 to any long-term care facility until the long-term care facility resident has been cleared for discharge using either a test-based strategy or a symptom-based strategy, unless the receiving facility has a dedicated wing, unit or building with dedicated staff to accept the COVID-19 positive resident. This rule allows hospitals to discharge a long-term care facility resident who is awaiting test results for COVID-19, as long as the hospital confirms that the long-term care facility is able to isolate the resident while the hospital’s test results are pending and the hospital confirms that the long-term care facility is able to follow Centers for Disease Control and Prevention (“CDC”) infection prevention and control precautions for a person with unknown COVID-19 status.