June 5, 2020
Due to the continued pandemic, certain legal and regulatory changes around long-term care facilities (hospitals, group homes, mental health hospitals, etc.) have been made. It is important to remember that all of these changes are temporary, and are only happening because of COVID-19. The new rules are outlined in Executive Order 139 (https://files.nc.gov/governor/documents/files/EO139-DHHS2.pdf). To summarize, Governor Cooper granted DHHS the authority to decide how to handle certain parts of this crisis. Secretary Cohen is allowed to waive or modify any rules in place for any LTC settings as long as they are meant to keep people safe and slow the spread of the pandemic. Possible changes include reduced visitation and increased testing for both residents and staff in those settings.
DHHS also has publicly stated their plans to increase access to tests for a wide range of people (see https://www.ncdhhs.gov/news/press-releases/ncdhhs-updates-guidance-who-should-be-tested-covid-19 for more detail). Populations mentioned include not only people who are showing signs of illness and have been around people who are, but also front-line workers, medical staff, people at higher risk of getting sick, and people in LTC settings like nursing homes, group homes for people with I/DD, etc. (and the staff working there).
According to a memo released to laboratory technicians (viewable here: https://files.nc.gov/ncdhhs/documents/files/covid-19/COVID-19-Provider-Guidance-Final.pdf), DHHS has suggested that people in LTC settings who are asymptomatic should still be tested where any outbreaks have occurred unless tests are scarce, in which case they can be decided on a case-by-case basis “in consultation with local and state public health”.
More practical day-to-day changes suggested for LTC facilities (outlined here: https://covid19.ncdhhs.gov/information/health-care/long-term-care-facilities) include cancelling group activities, monitoring temperatures regularly for residents and staff, requiring protective equipment to enter the facility (which the state will provide) and general best practices such as social distancing, handwashing, etc. These changes will only be in effect as long as the executive order lasts, meaning the regulations will likely wind down with the pandemic.