Client Alert: Nursing Home and Adult Care Facility Staff Testing Requirements


By Patrick Formato, Barbara Phair and Frank Mazzagatti

On May 12, 2020 the DOH posted an FAQ regarding Nursing Home and Adult Care Facility Staff Testing Requirements. On May 19, 2020 the DOH posted an updated FAQ on Staff Testing Requirements.

Please note the following important change in position:

Pursuant to the May 12th FAQ #5, staff who have documentation of a positive diagnostic test for COVID-19 or a positive serologic test for IgG against SARS-CoV-2 (i.e. anti-body test), are currently exempt from the testing requirement.

However, pursuant to the May 19th FAQ #3, the Department has reversed their position and stated, “At this time, staff who have had a positive diagnostic test for COVID-19 or a reactive serologic test for IgG against SARS-CoV-2 are still required to be tested to meet this requirement.”

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.

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