Employment Law Report

On August 28, 2020, the Kentucky Cabinet for Health and Family Services (CHFS) issued updated guidance in a Provider Guidance Memo concerning the determination of the most appropriate setting for care of a resident of a long-term care facility (LTCF) who exhibits symptoms of, or tests positive for, COVID-19.  The updated guidance instructs providers and facilities on the factors for determining when a LTCF resident with confirmed or suspected infection should be admitted or transferred to a hospital and when a hospital patient should be admitted to a LTCF.  The guidance also advises on testing protocols following a resident’s recovery from COVID-19 and release from isolation.  This updated guidance is based on the most current, evidence-based recommendations from the Centers for Disease Control and Prevention, Centers for Medicare & Medicaid Services, White House Coronavirus Task Force, and the CHFS Long-Term Care Advisory Task Force.