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Reminder: Requirements and Protocol for COVID-19 Emergency Staffing Requests

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HHSC LTCR offers emergency staff for facilities facing severe critical shortages. Emergency staffing is only approved for facilities that can’t provide necessary care to residents due to staffing shortages. Emergency staffing is temporary while facilities get alternative staffing resources.

Facilities must have staffing contingency plans in place to address potential staffing shortages due to COVID-19 [42 CFR §483.73(b)(6)]. Facilities are required to have separate staff assigned to each COVID-19 cohort and not share staff between cohorts unless necessary to maintain adequate staffing [40 TAC §19.2802(i)].

Facilities may only request emergency staffing from HHSC if all the following contingency strategies have been exhausted.

  • Share staff between unknown COVID-19 status and positive COVID-19 cohorts (see CDC guidance).
  • Contact staffing agencies, nearby health-care facilities, partners, or local colleges or health care centers to identify supplemental staff [40 TAC §19.2802(j)].
  • Identify alternate facilities with adequate staffing to care for residents with COVID-19.
  • Note: Nursing facilities must contact their LTCR Regional Director and local health department before using staff who are asymptomatic and have, or may have, COVID-19. This is generally only allowed in emergencies. Implement or attempt all other staffing contingency strategies listed above before this step.

If a facility has implemented or attempted each item listed above and still does not have adequate staff to meet critical staffing levels, the facility must contact the Regional Director for their LTCR Region to request emergency staffing.

If approved for emergency staffing, facilities must submit a transition plan for addressing shortages that includes the following:

  • Forecasted timeline for when COVID-19 positive staff will return to work, using the CDC’s Return to Work criteria, and when emergency staff can be released.
  • Acquiring temporary staff or recruiting new hires.
  • All other strategies for ensuring critical staffing shortages are fulfilled as soon as possible.