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Lunch & Learn: Current State and Federal COVID-19 Waivers + Join Us for a Lunch & Learn This Friday!

Now that PHA’s home health flexibility bill (HB 2401/Act 30) has been signed into law, and some state-specific waivers have been extended until October 31, 2022, PHA has heard from a number of members with questions on the current status of state and federal waivers. Check out this week’s Members Ask, PHA Answers below and join us for a waiver-focused Lunch & Learn this Friday, July 22, at noon for a review of the status of state and federal COVID-19-related waivers. Please send any questions in advance to Jill Senior at [email protected].

Fee: PHA member - FREE; Prospect - $79
Please note: one login per registration.

Q: If a patient is receiving dual services (both non-skilled and skilled) that require 14-day supervisory visits, can those visits still be done remotely?

A: Supervisory visits can still be done remotely under both the federal COVID waivers (page 22-23) and the recently-extended state waivers.

Note, though, that when the federal PHE and state-specific waivers end, the rules on supervisory visits have changed.

At the federal level, the home health rules include the following:

• 14-day supervisory assessments are required when Home Health Aide services are being provided to a patient receiving skilled services.
• That supervisory assessment must be completed in person, or on the rare occasion (max of 1 per patient in a 60-day episode), using two-way audio-video telecommunications technology that allows for real-time interaction between the registered nurse (or other appropriate skilled professional) and the patient.
• When home health aide services are provided to a patient who is not receiving skilled services, section (h) requires an RN to make an onsite, in person visit every 60 days to assess the aide’s quality of care and services, with no remote option.
• Rules about annual (when skilled services also being provided) and semi-annual (when no skilled services) visits to observe and assess aides while they are providing care remain in place.

At the state level, HB2401/Act 30 has changed the PA Home Health Aide supervisory requirements when no skilled services are being provided, changing it from 14 to 60 days.

HB2401/Act 30 provides, among other things, that:

• The department shall require home health care agencies providing home health aide services to comply with 42 CFR 484.80(h) (relating to condition of participation: home health aide services) for the purposes of this subsection.

PHA has confirmed that DOH interprets the new law to change PA rules on 14-day supervisory visits when no skilled services are being provided, to align with the federal 60-day supervisory rule. 

In other words, when Home Health Aide services are provided without any skilled services, the PA 14-day supervisory requirement is eliminated, and only the 60-day in-person supervisory visit (from 484.80(h)) is required.