New Jersey Health Commissioner Issues Executive Directive Requiring COVID-19 Testing of Long-Term Care Residents and Staff

New Jersey’s health commissioner recently issued an executive directive that requires COVID-19 testing of all staff and residents in long-term care facilities (nursing homes, assisted living residences, comprehensive personal care homes, residential healthcare facilities, and dementia care homes)collectively referred to as LTCs, by May 26, 2020. The directive requires individuals who test negative to be retested within 3-7 days to discover newly developed infections, and that CDC guidance be used for further retesting.

Along with the widespread testing within LTCs, these facilities are required to modify their Infection Control Plans’ Outbreak Protocols and submit attestations of those amendments to the DOH by May 19, 2020, to include the following modifications outlined in the Executive Directive:

  • Testing and retesting staff and residents
  • Separately group (cohort) residents testing positive for COVID-19
  • Develop policies for excluding staff who test positive for COVID-19
  • Establish requirements based on CDC and Department of Health recommendations for staff who have tested positive to return to work

An attestation stating that the LTC has implemented the revised Infection Control Plan’s Outbreak Protocols in compliance with the Executive Directive should be submitted to the DOH by May 26, 2020.

Attestations regarding the amendments to the Infection Control Plan’s outbreak protocols are to be submitted by email to LTC.DiseaseOutbreakPlan@doh.nj.gov.

Compliance Perspective

Long-term care facilities licensed to operate in New Jersey are being required to test all staff and residents for COVID-19 by May 26, 2020, and to amend/modify their Infection Control Plans’ outbreak protocols according to Executive Directive No. 20-013 issued by the New Jersey Health Commissioner. Other states have their own specific requirements.

Discussion Points:

  • Review policies and procedures related to outbreak protocols in the facility’s Infection Control Plan and modify them to meet the requirements outlined in Executive Directive No. 20-013 (https://www.state.nj.us/health/legal/covid19/05-12-2020_LTC_COVID19testing.pdf). For nursing homes in other states, ensure your state-specific requirements are implemented at your facility and incorporated into your Infection Control Plan.
  • Train staff regarding the required COVID-19 testing of staff, including both care providers and support staff, and the consequences of refusals to be tested upon their ability to work. Also, train staff regarding CDC and DOH guidelines for retesting and returning to work after testing positive for COVID-19.
  • Periodically audit to determine that residents testing positive for COVID-19 are  separated from residents who have not tested positive for the disease, and that consistent assignments are maintained for those caring for COVID-19 positive and those caring for COVID-19 negative residents.

COVID-19 SURVEY READINESS PROGRAM