By Patrick Formato, Barbara Phair and Frank Mazzagatti

On April 30, 2020, the Centers for Medicare and Medicaid Services (“CMS”) announced a new independent Commission that will conduct a comprehensive assessment of the nursing home response to the COVID-19 pandemic. The Commission will provide independent recommendations to CMS to help inform immediate and future responses to COVID-19 in nursing homes.

This effort builds upon CMS’ five-part plan unveiled last April to ensure safety and quality in nursing homes, as well as recent CMS efforts to combat the spread of COVID-19 within nursing homes.

The Commission is expected to convene in late May and develop recommendations on the following three key tasks:

  • Putting nursing home residents first by ensuring they are protected from COVID-19 and improving the responsiveness of care delivery to maximize the quality of life for residents;
  • Strengthening efforts to enable rapid and effective identification and mitigation of COVID-19 transmission (and other infectious diseases) in nursing homes; and
  • Enhancing strategies to improve compliance with infection control policies in response to COVID-19.

The Commission will also focus on identifying potentially innovative approaches to using nursing home data to allow for better coordination between federal surveyors, state and local entities and nursing homes to address the spread of COVID-19 in nursing homes. The Commission will also use data to assess efforts across the country to stop or contain the virus in these facilities.

Additional information about the Commission may be accessed at:

The healthcare attorneys at Abrams Fensterman are committed to providing you with the most current and accurate information and guidance during this COVID-19 pandemic. Should you have questions, feel free to contact Patrick Formato, Esq., Barbara Stegun Phair, Esq., Frank A. Mazzagatti, Esq., or any other attorney in our health law practice group.