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SNAP Asks CMS to Provide Additional Funds for Safety-Net Hospitals in Round 2 of COVID-19 Grants (Letter)

SNAP asks CMS administrator Seema Verma to give special consideration to high-volume Medicaid hospitals when deciding on additional grants to be awarded from federal CARES Act funding for hospitals and health care providers.

2020-09-01T17:55:55+00:00April 8th, 2020|Advocacy|Comments Off on SNAP Asks CMS to Provide Additional Funds for Safety-Net Hospitals in Round 2 of COVID-19 Grants (Letter)

COVID-19 Update, April 7, 2020

The following is the latest COVID-19 information from Pennsylvania state and federal officials and others as of 4:15 p.m. on Tuesday, April 7.

Pennsylvania Update

Department of Health Daily Briefing

  • Secretary Levine acknowledged that many cases are undercounted. In many situations, providers encounter patients who have all of the symptoms, conclude that they have COVID-19, but do not order testing.  This is standard practice.
  • All 67 Pennsylvania counties now have experienced cases.
  • Yesterday saw more than six times as many deaths as the day before and the number of deaths state-wide has more than doubled since last Friday.
  • Secretary Levine said there is a significant increase in deaths among patients with comorbidities.
  • 664 health care workers have been diagnosed with COVID-19, as have 674 residents of long-term-care facilities across the state.
  • 51 percent of hospital beds and 40 percent of ICU beds in the state remain unoccupied and 70 percent of ventilators are not currently in use.
  • Other states have released data on race and cases and deaths but Pennsylvania has not done so yet because hospitals are not always providing this data. Secretary Levine said the department is looking for ways to gather this information.
  • The mass testing sites in Philadelphia and Montgomery County will close after Friday. They were established by the federal government, which informed the state that it is withdrawing its funding and supplies at that time.

Department of Health

Department of Human Services

  • DHS has posted an announcement to administrators, brokers, and transit agencies that participate in the Medical Assistance Transportation Program presenting precautions necessary to ensure the safe provision of non-emergency medical transportation, including the need for drivers and passengers to wear face masks. The announcement also offers revised criteria for whether beneficiaries need to be transported or whether telehealth might be an appropriate alternative to a medical visit; it also describes how to screen would-be passengers for symptoms that suggest they may have COVID-19, in which the request for transportation should be denied and the individual advised to contact his or her medical provider.

DHS has posted questions and answers from its April 1 COVID-19 webinar. Below are selected highlights:

Q:  Will DHS reimburse for telehealth home health services? If so, which home health services will be eligible for reimbursement?

A:  Additional guidance is forthcoming that will clarify that home health providers are able to perform initial certifications and 60-day recertification visits via telemedicine and will identify which services can be provided using telemedicine. Services like home health aide services related to activities of daily living must be provided in-person, and therefore would not be able to be provided using telemedicine.

Q:  How will providers bill for the protective personal protective equipment (PPE) within the waiver? Will PPE be paid per patient, and which codes should be used?

A:  PPE will be treated as medical supplies through the Omnibus Budget Reconciliation Act (OBRA), Appendix K waiver submitted by the Office of Long-Term Living (OLTL). For the Office of Developmental Programs (ODP), payment for operational needs and supplies is included in the MA fee paid for residential services. For individuals who live in private homes, Specialized Supplies is a benefit under ODP waivers that can cover some PPE. Specific billing instructions for the Community HealthChoices (CHC) waiver should be answered by the CHC Managed Care Organizations (MCOs). Billing guidance for the OBRA waiver is forthcoming.

PPE was not added to Medicaid fee-for-service (FFS) through the 1135 waiver. PPE is not billable under the Medical Assistance (MA) FFS program. Payment for operational needs and supplies is included in the MA fee paid for the service. Providers should follow the Department of Health guidance for securing PPE. To access this guidance, please visit: https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/COVID-19%20Guidance%20PPE.pdf

Q:  Will DHS continue to process Medical Assistance (MA) renewals even after the determination that participants will not be terminated?

A:  MA renewals will continue to be mailed. DHS encourages applicants to complete the renewal if they are able. However, participants who do not complete their renewal or are unable to complete one will not have their case closed. In addition, cases open as of March 18 will not close for any reason other than voluntary withdraw, move out of state, or death.

Q:  Are CAOs still able to process applications and adequately ensure the integrity/validity of information submitted?

A:  CAOs are staffed and completing the essential work necessary to ensure individuals who are eligible receive benefits. The online COMPASS application tool allows clients to apply for benefits, compete renewals, provide required verifications, and report changes remotely without needing to come to a CAO in-person. CAO staff can accept information provided through COMPASS and take appropriate actions. Additionally, clients with smart phones can access the COMPASS mobile app – myCOMPASSPA – to report changes, upload documents, complete semi-annual renewals, and view benefit status.

Clients are also contacting the customer service centers, which are making changes and updates to client case records as necessary. Clients in Philadelphia with questions or information to report about their case should call the Philadelphia Customer Service Center at 215-560-7226. Clients in all other counties can call the Statewide Customer Service Center at 1-877-395-8930. Call volumes and wait times are likely to be high, and we appreciate the public’s patience with the dedicated commonwealth employees working to assist clients under stressful circumstances.

Clients can also apply for Medicaid benefits by telephone through our contracted consumer service center at 1-866-550-4355.

Department of Aging

The Department of Aging has issued guidance informing operators of facilities that serve older adults that the Identogo/Idemia sites that facilitate the FBI background checks of individuals who work at such facilities may remain open as life-sustaining businesses during the COVID-19 crisis; that there is no change in the background check requirements or processes for applicants seeking employment in such facilities; and that there are circumstances under which individuals who are unable to obtain FBI background checks because of the closure of some Identogo/Idemia sites may qualify for provisional hiring.  See the guidance here.

Department of State

The Department of State has temporarily changed certain licensing requirements for nursing home administrators, accountants, barbers, and cosmetologists during the COVID-19 crisis.  Under a waiver the governor has granted, certain deadlines for obtaining state licenses have been extended until after the COVID-19 emergency disaster declaration ends.

General Assembly

This week the House and Senate are meeting remotely for caucus and committee meetings and to position budget vehicles and vote on crisis response legislation.  Today Chairman Saylor offered amendments to S.B. 327 in an Appropriations Committee meeting that would:

  • attempt to foster inter-branch governmental cooperation by creating a COVID-19 Cost and Recovery Task Force;
  • attempt to reduce future financial obligations by requiring the Treasury Department to conduct a review of all outstanding state debt obligations and to identify refinancing options to reduce state costs; and
  • attempt to ensure direct communication between the governor and the legislature by requiring the governor to provide legislative leadership with a list of provisions of law that he has waived related to the COVID-19 response and continue to notify them within one day of any additional waivers he might invoke.

The bill as amended in the Appropriations Committee passed along party lines on the House floor this afternoon.  The bill was sent to the Senate for its concurrence to the House amendments.

Federal Update

Department of Labor

The Department of Labor has published an advisory on unemployment insurance provisions of the CARES Act.  While the advisory memo is directed to state workforce agencies, it includes detailed information about program eligibility and benefits.

Centers for Medicare & Medicaid Services

  • The Families First Coronavirus Response Act (the second major COVID-19 bill, adopted March 18) waives cost-sharing under Medicare Part B (coinsurance and deductible amounts) for Medicare patients for COVID-19 testing-related services. The latest edition of the CMS publication MLN Matters summarizes the services for which cost-sharing is waived, the types of providers to which the waived cost-sharing applies, and the coding those providers need to do to get paid.  Find the explanation here.
  • CMS has published a “Dear Clinician” letter with guidance for physicians that they may bill for e-visits for both existing and new patients; previously published guidance suggested that they could bill only for existing patients but this policy has been revised. The letter also offers guidance for how to code such telehealth visits.
  • CMS has updated its recommendations for non-emergent elective medical services and treatment. These recommendations supersede previous guidelines.
  • Earlier today CMS hosted a call to discuss CMS waivers and COVID-19 response. Find the slides used during that presentation here.
  • CMS will hold a special open door forum tomorrow, April 8, at 1:30 p.m. to discuss its actions to improve access to telehealth during the COVID-19 crisis. This one-hour call is open to everyone:  the dial-in number is 1-888-455-1397, the passcode is 3535324, and participants are asked to call in at 1:15 p.m.
  • On April 3, CMS Administrator Seema Verma, Deborah Birx, MD, White House Coronavirus Task Force, and officials from the FDA, CDC, and FEMA participated in a call on COVID-19 flexibilities. During the call physicians presented best practices from their COVID-19 experiences.

Food and Drug Administration

Centers for Disease Control and Prevention

The CDC will soon be providing $186 million in funding for additional resources for state and local jurisdictions to support their response to the COVID-19 emergency.  Funding will be for lab equipment, supplies, staff, and more for areas considered “hot zones” for COVID-19 and to enhance COVID-19 surveillance and tracking.  The news release announcing this new funding notes that “CDC will use existing networks to reach out to state and local jurisdictions to access this initial funding.”

Substance Abuse and Mental Health Services Administration

SAMHSA will fund $110 million in emergency grants to provide treatment for substance use disorders/serious mental illness during the coronavirus pandemic.  The purpose of the emergency grants is to provide crisis intervention services, mental and substance use disorder treatment, and other related recovery supports for children and adults, with funding to be provided to states, territories, and tribes.

Department of Health and Human Services

HHS has announced that it will purchase for the Strategic National Stockpile the new COVID-19 test that produces results in less than 13 minutes.  HHS will provide the tests to public health labs in every state and territory and to Indian Health Services sites.

White House

President Trump has signed a memorandum directing the Department of Defense and Department of Homeland Security to make available the National Guard to the states of Georgia, Hawaii, Indiana, Missouri, New Hampshire, New Mexico, Ohio, Rhode Island, Tennessee, and Texas and the territory of the U.S. Virgin Island to provide emergency assistance with addressing the COVID-19 crisis and for the Federal Emergency Management Agency to pay 100 percent of the cost of such assistance.

National Association of Medicaid Directors

The National Association of Medicaid Directors has written to CMS and the Office of Management and Budget (OMB) urging them “…to allow states to make retainer payments to essential Medicaid providers through Section 1115 waivers during this emergency.”  See the letter here.

Resources to Consult

Pennsylvania Department of Human Services

Main COVID-19 Page

COVID-19 Provider Resources

Press Releases

Pennsylvania Department of Health

Main COVID-19 Page

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

(To receive this daily update directly, sign up for our mailing list at info@pasafetynet.org.)

 

2020-04-07T17:29:51+00:00April 7th, 2020|Coronavirus, COVID-19|Comments Off on COVID-19 Update, April 7, 2020

COVID-19 Update: April 6, 2020

The following is the latest COVID-19 information from Pennsylvania state and federal regulators and others as of 4:30 p.m. on Monday, April 6.

Pennsylvania Update

The Governor Wolf/Department of Health Daily Briefing

  • The number of newly diagnosed COVID-19 cases in Pennsylvania has remained relatively constant for the past three days. Secretary Levine said this gives her “hope” but is not yet indicative of a bending of the curve.
  • The number of COVID-19-related deaths is not so constant: it has more than doubled since last Wednesday.
  • 598 health care workers have now tested positive for COVID-19, as have 518 patients in nursing homes across the state.
  • Two weeks ago Secretary Levine ordered hospitals to submit certain utilization data to the Department of Health daily. From this data she reported that 51 percent of hospital beds and 40 percent of ICU beds are currently unoccupied and 70 percent of ventilators are still not in use.
  • 533 Pennsylvania COVID-19 patients have required ventilator care to date. This is more than three times the number reported on Friday (147).
  • Pennsylvania has more than 5000 ventilators in hospitals today. This is more than the state realized its hospitals had.  The state still has a stockpile of ventilators to share and expects more to arrive shortly.
  • In response to a question, Secretary Levine said that federal coronavirus response coordinator Deborah Birks, MD probably mentioned Pennsylvania as a next possible COVID-19 hot spot because of the combination of continued large numbers of new cases, rising death totals, and proximity to New York and New Jersey, both of which are hot spots.
  • In response to a question, Governor Wolf said while the state has not provided case data for municipalities, such a possibility is now being discussed.
  • In response to a question, Governor Wolf acknowledged that the state’s revenue projections for the current fiscal year have “fallen to pieces” and the state is doing everything it can to reduce operating expenses. He said he hoped federal stimulus money will help and that he will be working with the legislature to address next year’s budget.

Department of Health

Department of Human Services

  • In conjunction with the state Department of Education, DHS has issued a memo to local education agencies that participate in the school-based ACCESS Program encouraging the use of telemedicine during the COVID-19 emergency.
  • DHS has published a notice limiting the prescription of hydroxychloroquine in the state’s physical HealthChoices, Community HealthChoices, and Medicaid fee-for-service program to prevent shortages and stockpiling of the drug. DHS reinforced this message in a memo on the same subject to all physical health HealthChoices plans.
  • DHS’s Bureau of Managed Care Operations has sent a memo to all physical health HealthChoices managed care organizations with guidelines on performing elective surgeries during the COVID-19 emergency. The MCOs are directed to “continue to accept and review prior authorization requests for inpatient and outpatient elective procedures, elective interventional radiology and dental procedures.  All requests need be reviewed for medical necessity.”  The memo includes criteria for approving surgery under current circumstances.

Office of the Treasury

Pennsylvania’s Treasury Department has announced a bond purchasing program that seeks to provide financial relief to Pennsylvania health care systems.  The program’s objective is to provide liquidity to health care systems while reducing their borrowing costs.

Federal Update

Centers for Medicare & Medicaid Services

Food and Drug Administration

Occupational Safety and Health Administration

OSHA has provided interim guidance to its regional administrators and state plan designees regarding enforcement discretion to permit the extended use and reuse of respirators, and respirators that are beyond their manufacturers’ recommended shelf life during the COVID-19 emergency.

Department of Health and Human Services/Office of the Inspector General

  • The OIG has issued a policy statement regarding the application of certain administrative enforcement authorities due to the COVID-19 crisis.  This statement conveys that the OIG will not impose sanctions under anti-kickback laws related to actions by health care providers that fit under the HHS’s previous waiver of the physician self-referral provisions of the Stark law.  The OIG also has launched a new FAQ on this policy statement to provide additional information.
  • The OIG conducted a national survey of hospitals, asking them about the challenges and needs they faced.  See a summary of the survey results here and the full report here.

The White House

During Friday’s coronavirus task force press briefing, national coronavirus response coordinator Deborah Birx, M.D. explained the priority in the distribution of the new COVID-19 test that yields results in 15 minutes.

American Medical Association

The American Medical Association has issued its own “guiding principles” for the protection of current medical students and medical students:  those who are graduating early to help in the fight against COVID-19 and those who are being enlisted, while still in medical school, to participate in the direct care of COVID-19 and suspected COVID-19 patients.

Resources to Consult

Pennsylvania Department of Human Services

Main COVID-19 Page

COVID-19 Provider Resources

Press Releases

Pennsylvania Department of Health

Main COVID-19 Page

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

(To receive this daily update directly, sign up for our mailing list at info@pasafetynet.org.)

2020-04-06T17:39:05+00:00April 6th, 2020|Coronavirus, COVID-19|Comments Off on COVID-19 Update: April 6, 2020

COVID-19 Update: April 3, 2020

The following is the latest COVID-19 information from Pennsylvania state and federal regulators and others as of 4:00 p.m. on Friday, April 3.

Pennsylvania Update

The Governor Wolf/Department of Health Daily Briefing

  • Governor Wolf recommended that all Pennsylvanians wear masks outside the home. He elaborates on this recommendation in a news release.
  • The Department of Health offers guidance on homemade masks on its web site.
  • The number of new COVID-19 cases rose 16 percent over yesterday’s total of new cases.
  • 63 Pennsylvania counties now have at least one case, as do 12 percent of the state’s nursing homes.
  • State-wide deaths have climbed past 100.
  • 78 percent of hospitalized patients have been 50 years of age or older and 50 percent have been more than 65.
  • 241 patients have been treated in ICUs and 147 have required the assistance of a ventilator.
  • 419 of the state’s total cases have been health care workers – just less than five percent of total cases.

Department of Health

The Department of Health has updated its guidance to hospitals to include information on steps hospitals should take when a need arises to use new space or alter or renovate existing space in their response to COVID-19.  Department approval is not needed to take these actions as long as hospitals maintain the documentation discussed in the guidance document.

Department of Human Services

DHS’s today announced the launch of a statewide support and referral helpline that will operate 24/7 to assist Pennsylvanians struggling with anxiety and other challenging emotions due to the COVID-19 emergency and refer them to community-based resources that can further help to meet individual needs.  The toll-free number for the helpline, which is up and running, is 1-855-284-2494.  For TTY, dial 724-631-5600.

Department of State

The Department of State has issued a temporary waiver of the requirement that applicants for a temporary respiratory therapist permit be within 30 days of their anticipated graduation date.  Instead, for the duration of the COVID-19 emergency, students in respiratory care education programs who wish to apply for a temporary permit must be within 90 days of their anticipated graduation date.  Those impending graduates who already applied for a full license but cannot take their exam because of the closure of test centers may now apply for a temporary permit.

Federal Update

Department of Labor

The Labor Department has published a program letter with a summary of key unemployment insurance provisions of the CARES Act and guidance regarding temporary emergency state staffing flexibility.

Federal Communications Commission

The FCC has adopted a $200 million telehealth program to support provider responding to the COVID-19 crisis.  The money will help providers purchase telecommunications, broadband connectivity, and devices necessary for providing telehealth services.  See the FCC’s news release and its formal report and order.

Centers for Disease Control and Prevention

Food and Drug Administration

Centers for Medicare & Medicaid Services

Department of Health and Human Services

  • HHS’s Office of Civil Rights has announced that it will not impose penalties for violations of certain provisions of the HIPAA privacy rule against health care providers or their business associates for the good faith uses and disclosures of protected health information by business associates for public health and health oversight activities during the COVID-19 nationwide public health emergency.  See the Office of Civil Rights announcement of this temporary policy and a pre-publication version of the formal notice of this policy that will appear shortly in the Federal Register.
  • Along with the Department of Justice, HHS has announced that the two agencies have ordered the distribution of medical supplies that in their judgment were being hoarded.  The federal government paid fair market value for 192,000 N95 masks, nearly 600,000 pairs of medical grade gloves, and 130,000 other types of masks, surgical gowns, disinfectant towels, and other supplies and is sending these supplies to the New Jersey Department of Health, the New York state Department of Health and the New York City Department of Health and Mental Hygiene.

The White House

President Trump has invoked the Defense Production Act to compel companies to undertake the manufacture of N95 respirators and ventilators.

Resources to Consult

Pennsylvania Department of Human Services

Main COVID-19 Page

COVID-19 Provider Resources

Press Releases

Pennsylvania Department of Health

Main COVID-19 Page

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

(To receive this daily update directly, sign up for our mailing list at info@pasafetynet.org.)

 

2020-04-03T17:25:50+00:00April 3rd, 2020|Uncategorized|Comments Off on COVID-19 Update: April 3, 2020

COVID-19 Update: April 2, 2020

COVID-19-related developments in Pennsylvania as of 4:30 p.m. on Thursday, April 2.  To receive this daily update directly, sign up for our mailing list at  info@pasafetynet.org.

Pennsylvania Update

Secretary Levine’s Daily Briefing

  • Safety-Net Association of Pennsylvania logoThe number of new COVID-19 cases yesterday rose 26 percent over the previous day.
  • The number of cases among health care workers rose 21 percent over yesterday and accounts for approximately five percent of all COVID-19 cases state-wide.
  • Approximately 10 percent of the state’s nursing homes have at least one case.
  • Growth is especially strong in Philadelphia and its surrounding counties and in northeastern Pennsylvania.
  • The hospitalization rate remains about 10 percent.
  • Right now, Secretary Levine said, hospitals are coping well across the state.
  • Two field hospitals are being established by the federal government: one in Philadelphia and one in Montgomery County.  Decisions about field hospitals are made by the federal government, not the state.
  • People entering Pennsylvania from New York City are asked to self-quarantine for 14 days.
  • The state is aware that some pharmacies are now experiencing shortages of chloroquine and hydroxychloroquine for off-brand use in fighting COVID-19 and is working to ensure an adequate supply for people who use these drugs for approved uses.

Department of Human Services

During the course of the COVID-19 public health emergency, the state’s CHIP program is permitting families that are unable to provide verification of application or renewal verification the ability to self-attest to the information on the application and to enroll children prior to initial payments during the COVID-19 emergency.  Families are still responsible for paying premiums, coverage for those renewing will not be interrupted, and the managed care plans will still verify the information on such applications.

Department of State

Revenue Department

Financial paperworkPennsylvania tax revenues were $294.6 million short of official estimates in March, or 6.2 percent, according to figures released Wednesday by the Department of Revenue.  This is the first glimpse of the fiscal challenge the state will face in the coming months as a result of COVID-19.  Total General Fund revenues for the year are now $45.6 million, or 0.2 percent, below estimate.  It is worth noting that March is traditionally the largest revenue month during the fiscal year.  In addition to the potential for lost revenue over the next few months, the extension of filing deadlines for personal income tax will shift a significant amount of revenue to the next fiscal year.

Federal Update

Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

Department of Health and Human Services

The department’s Agency for Healthcare Research and Quality will be spending $7.5 million to evaluate health system response to the COVID-19 pandemic.  The money is divided into two pools:  $5 million to evaluate innovations and challenges in rapidly expanding telehealth in response to COVID-19 and $2.5 million to active agency grant recipients and cooperative agreements.

Federal Emergency Management Agency

Food and Drug Administration

For researchers, the FDA has developed quality-controlled reference sequence data for the SARS-CoV-2 reference strain in the U.S.

Department of Labor

The Department of Labor has published a temporary rule describing the benefits under the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both of which were part of the Families First Coronavirus Response Act, which was signed into law on March 18.  The law reimburses private employers with fewer than 500 employees with tax credits for the cost of providing employees with paid leave for specific reasons related to COVID-19.  The law enables employers to keep their workers on their payrolls while also ensuring that workers are not forced to choose between their paychecks and public health measures.  For more, see a Department of Labor news release describing the new temporary rule and view the rule itself here.

Resources to Consult

Pennsylvania Department of Human Services

Main COVID-19 Page

COVID-19 Provider Resources

Press Releases

Pennsylvania Department of Health

Main COVID-19 Page

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

 

 

 

2020-04-02T17:16:22+00:00April 2nd, 2020|Uncategorized|Comments Off on COVID-19 Update: April 2, 2020

COVID-19 Update: April 1, 2020

Coronavirus update for April 1, 2020.  COVID-19-related developments in Pennsylvania as of 4:30 p.m. on Wednesday, April 1.  To receive this daily update directly, sign up for our mailing list at info@pasafetynet.org.

State Update

Daily Briefing by Secretary of Health Levine and Governor Wolf

  • The number of new COVID-19 cases yesterday rose 27 percent over the previous day.
  • All deaths so far are adults.
  • 286 health care workers have tested positive for COVID-19 (out of more than 5805 positive tests state-wide).
  • Governor Wolf extended his stay-at-home order to the entire state; it will remain in effect through April 30. See the announcement and the secretary of health’s amended order.

Department of Human Services

Critical Medical Supplies Procurement

The state’s departments of General Services, Community and Economic Development, and Health and the Pennsylvania Emergency Management Agency have established a “critical medical supplies procurement portal” on which they list the personal protection equipment and hospital supplies the state seeks to purchase.  The target audience for the site is manufacturers, distributors, and suppliers, all of which are invited to contact the Department of General Services if they have any of the supplies the state seeks.  The current list consists of the following:

Personal Protection Equipment (PPE)

  • Surgical/Procedure Masks
  • N95/N99 Form Fitting Respirators
  • Face masks with integrated shield
  • Powered Air Purifying Respirator, PAPRs
  • Alcohol Based Hand Rub

Hospital Supplies

  • Ventilators with PEEP Functionality
  • Ventilator Circuits
  • Endotracheal Tubes
  • Hospital Gowns

Lab Supplies

  • UVT 3 mL with flocked flex minitip
  • Nasopharyngeal (NP) flocked swabs and viral transport media tubes (1-3 mL)

Diagnostics Supplies and Instruments

  • Roche MagNA Pure 96 DNA and Viral NA Small Volume Kits
  • Roche MagNA Pure 96 System Fluid and Tips
  • Roche MagNA Pure 96 External Lysis Buffer
  • Biomerieux NuciSENS EasyMAG extraction system and supplies

Federal Update

Medicaid DSH

The following is a revised schedule of Medicaid DSH allotment cuts.

  Before CARES After CARES
FFY 2020 $4 Billion $0
FFY 2021 $8 Billion $4 Billion
FFY 2022 $8 Billion $8 Billion
FFY 2023 $8 Billion $8 Billion
FFY 2024 $8 Billion $8 Billion
FFY 2025 $8 Billion $8 Billion
Total $44 Billion $36 Billion

Centers for Disease Control Prevention

The CDC has updated its guidance on responsible actions when among people who have been or may have been exposed to COVID-19.

Food and Drug Administration

The FDA has updated its reporting on the steps it is taking to accelerate the development of novel therapies for COVID-19 through its Coronavirus Treatment Acceleration Program.

The FDA has updated its list of current and resolved drug shortages and continuations.  There are currently 148 drugs on the list.  Yesterday the FDA posted information regarding shortages of hydroxychloroquine and chloroquine due to a significant surge in demand.

The FDA has issued two additional emergency use authorizations for COVID-19 diagnostics, for a total of 22 authorized tests.

State Department

The State Department has posted a message for foreign medical professionals with approved U.S. non-immigrant or immigrant visa petitions or certificates of eligibility in approved exchange visitor programs or who are already in the U.S. and would like to apply to stay.

The Joint Commission

The Joint Commission has posted a notice expressing support for permitting health care workers to bring their own standard face masks or respirators to use at work when their employers cannot “routinely provide access to protective equipment…”

Resources to Consult

Pennsylvania Department of Human Services

Main COVID-19 Page

COVID-19 Provider Resources

Press Releases

Pennsylvania Department of Health

Main COVID-19 Page

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

To receive this daily update directly, sign up for our mailing list at info@pasafetynet.org.

2020-04-01T17:36:34+00:00April 1st, 2020|Uncategorized|Comments Off on COVID-19 Update: April 1, 2020

PA Gets 1135 Medicaid Waiver

Pennsylvania has gained permission to circumvent certain federal Medicaid regulations and requirements for the duration of the COVID-19 public health emergency.

Bookshelf with law booksUnder the declaration of a national state of emergency, the Department of Health and Human Services is authorized to waive or modify Medicare and Medicaid regulations; these are known as section 1135 waivers.  In this case, the federal Centers for Medicare & Medicaid Services has issued a section 1135 waiver to Pennsylvania for its Medicaid program to:

  • Extend pre-existing authorizations for which a beneficiary has previously received prior authorization through the end of the public health emergency.
  • Suspend pre-admission screening and annual resident review (PASRR) level I and level II assessments for 30 days
  • Temporarily suspend Medicaid fee-for-service prior authorization requirements.
  • Delay state fair hearings and appeal timelines.
  • Enroll new providers in the state’s Medicaid program if they are enrolled by Medicare or by another state Medicaid program
  • Pay nursing facilities, intermediate care facilities, and others for the delivery of services outside of their walls, at unlicensed facilities, if COVID-19 necessitated the evacuation of their own facilities.

These waivers will last until the end of the declared public health emergency.

Learn more by reading the state’s application for the section 1135 Medicaid waiver and the federal government’s response to that request.

2020-04-01T13:00:20+00:00April 1st, 2020|Uncategorized|Comments Off on PA Gets 1135 Medicaid Waiver

COVID-19 Update: March 31, 2020

Coronavirus Update: March 31, 2020.

COVID-19-related developments in Pennsylvania as of 4:00 p.m. on Tuesday, March 31.  To receive this daily update directly, sign up for our mailing list at info@pasafetynet.org.

State Update

Governor Wolf                                                                                                     

Today, Governor Wolf announced that the President approved part of his request for a major disaster declaration to support state, county, and local responses to COVID-19.  Included in the approved requests are reimbursement of up to 75 percent of eligible expenses (staff overtime, supplies, equipment) related to COVID-19 response for all levels of state government and private non-profits that qualify and direct federal assistance for materials and supplies to state and local governments.  Staff from the Pennsylvania Emergency Management Agency will be contacting potential applicants in the coming weeks.

The governor also expanded his ‘Stay at Home’ order to include seven more counties to mitigate the spread of the virus:  Cameron, Crawford, Forest, Franklin, Lawrence, Lebanon, and Somerset counties until April 30 for all 33 affected counties.

State Daily COVID-19 Briefing

  • There are now positive cases of COVID-19 in 60 of Pennsylvania’s 67 counties.
  • Five percent of the total 4,843 cases are affected health care workers while fewer than one percent are nursing home-related.
  • The administration continues to monitor the impact of the virus on New York and to prepare Pennsylvania for the expected surge of positive cases by stockpiling supplies, providing regulatory relief for health care professionals, seeking health care volunteers, and monitoring the availability of ICU and nursing home beds throughout the state.
  • About 40 percent of the licensed ICU beds in the state are still unoccupied.  The Department of Health continues to monitor the availability of ventilators as well.

Department of Health

The Department of Health released interim guidance on licensing and survey activities consistent with the guidance issued by CMS calling for states to prioritize provider survey and certification activities during the pandemic.

DOH also shared a guidance document from CMS, counseling state surveyors on how providers can limit the transmission of the virus and a CMS memo specifically related tor limiting the spread within dialysis facilities.

Department of Human Services, Office of Children Youth and Families

The Office of Children, Youth, and Families (OCYF) has developed these linked recommendations for entities operating as a Child Residential and Day Treatment Facility.

Department of Human Services, Office of Mental Health and Substance Abuse Services

The Office of Mental Health and Substance Abuse Services (OMHSAS) issued guidance for County Emergency Behavioral Health/Disaster Crisis Outreach and Referral Teams.  That guidance can be found here.

In addition, the office shared documents from the Center for the Study of Traumatic Stress related to the psychological effects of quarantine.  One for helping homebound children, one directed at Public Health leaders, and one directed at health care providers.

Yesterday the federal Centers for Medicare & Medicaid Services (CMS) published a major update of Medicare and Medicaid regulations that included blanket waivers of a large number of Medicare and Medicaid regulations and requirements.  The following is a summary of the major aspects of this new regulation.

Federal Update

New Policies and Waivers From Medicare and Medicaid Regulations and Requirements

CMS has introduced dozens of changes that involve waivers from current regulations and requirements.  A comprehensive, 26-page CMS document describing these changes can be found here and below are the highlights organized into four broad categories:

  • increasing hospital capacity (what CMS calls “hospitals without walls”)
  • expanding the health care workforce
  • increasing the use of telehealth in Medicare
  • reducing paperwork

Increasing Hospital Capacity

  • CMS is waiving the enforcement of section 1867(a) of EMTALA to permit hospitals to screen patients at off-site locations to help prevent the spread of COVID-19.
  • CMS is waiving certain requirements under the Medicare conditions of participation allow for flexibilities during hospital and psychiatric hospital surges, permitting non-hospital buildings/space to be used for patient care and quarantine sites.
  • For the duration of the public health emergency, CMS is waiving certain requirements under the Medicare conditions of participation and the provider-based department requirements to permit hospitals to establish and operate as part of the hospital any location meeting those conditions of participation for hospitals that continue to apply during the public health emergency. This waiver also permits hospitals to change the status of their current provider-based department locations to the extent necessary to address the needs of hospital patients.
  • CMS is waiving requirements to permit acute-care hospitals to house acute-care inpatients in excluded distinct part units, such as excluded distinct part unit inpatient rehabilitation facilities or inpatient psychiatric facilities, where the distinct part unit’s beds are appropriate for acute-care inpatients.
  • CMS is permitting acute-care hospitals with excluded distinct part inpatient psychiatric units to relocate inpatients from the excluded distinct part psychiatric unit to acute-care beds and units as a result of a disaster or emergency.
  • CMS is permitting acute-care hospitals with excluded distinct part inpatient rehabilitation units that, as a result of a disaster or emergency, need to relocate inpatients from the excluded distinct part rehabilitation unit to an acute-care bed and unit.
  • CMS is waiving certain physical environment requirements. Provided that the state has approved the location as one that sufficiently addresses safety and comfort for patients and staff, CMS is waiving requirements to allow for a non-skilled nursing facility building to be temporarily certified and available for use by a skilled nursing facility in the event there are needs for isolation processes for COVID-19-positive residents, which may not be feasible in the existing skilled nursing facility structure to ensure care and services during treatment for COVID-19 are available while protecting other vulnerable adults.
  • CMS is waiving certain conditions of participation and certification requirements for opening a nursing facility if the state determines there is a need to quickly stand up a temporary COVID-19 isolation and treatment location.
  • CMS is waiving requirements to temporarily allow for rooms in a long-term care facility not normally used as a resident’s room to be used to accommodate beds and residents for resident care in emergencies and situations needed to help with surge capacity.

Expanding the Health Care Workforce

  • CMS is waiving current requirements to permit physicians whose privileges will expire to continue practicing at the hospital and for new physicians to be able to practice before full medical staff/governing body review and approval to address workforce concerns related to COVID-19.  CMS also is waiving requirements about details of the credentialing and privileging process.
  • CMS is waiving the requirement that Medicare patients be under the care of a physician.
  • CMS is waiving requirements that a certified registered nurse anesthetist (CRNA) work under the supervision of a physician. CRNA supervision will be at the discretion of the hospital and state law.
  • CMS is waiving the requirement that a skilled nursing facility and nursing facility may not employ anyone for longer than four months unless they meet current training and certification requirements. CMS is not waiving the requirement that such facilities ensure that nurse aides are able to demonstrate competency in skills and techniques necessary to care for residents’ needs.
  • CMS is waiving the requirement that physicians and non-physician practitioners must perform in-person visits for nursing home residents and will permit visits to be conducted, as appropriate, via telehealth options.
  • CMS is temporarily waiving requirements that out-of-state practitioners be licensed in the state where they are providing services when they are licensed in another state. CMS will waive the physician or non-physician practitioner licensing requirements when the following four conditions are met:
    • must be enrolled as such in the Medicare program;
    • must possess a valid license to practice in the state which relates to his or her Medicare enrollment;
    • is furnishing services – whether in person or via telehealth – in a state in which the emergency is occurring to contribute to relief efforts in his or her professional capacity; and,
    • is not affirmatively excluded from practice in the state or any other state that is part of the 1135 emergency area.
    • This does not have the effect of waiving state or local licensure requirements or any requirement specified by the state or a local government as a condition for waiving its licensure requirements.
  • CMS has a toll-free hotline for physicians and non-physician practitioners and Part A-certified providers and suppliers establishing isolation facilities to enroll and receive temporary Medicare billing privileges. CMS is waiving the following screening requirements:
    • application fee,
    • criminal background checks associated with fingerprint-based criminal background checks,
    • site visits,
    • postpone all revalidation actions,
    • allow licensed providers to render services outside of their state of enrollment,
    • expedite any pending or new applications from providers,
    • allow physicians and other practitioners to render telehealth services from their home without reporting their home address on their Medicare enrollment while continuing to bill from their currently enrolled location, and
    • allow opted-out physicians and non-physician practitioners to terminate their opt-out status early and enroll in Medicare to provide care to more patients.
  • CMS has issued blanket waivers of sanctions under the Stark Act.  The blanket waivers may be used now without notifying CMS.  Individual waivers of sanctions under section 1877(g) of the Act may be granted upon request.  For more information, go here and here.

Increasing the Use of Telehealth in Medicare

  • CMS is waiving the requirement that physicians and non-physician practitioners must perform in-person visits for nursing home residents and will permit visits to be conducted, as appropriate, via telehealth options.
  • Clinicians can provide virtual check-in services to new and established patients.
  • CMS will pay for telephone evaluation and management services provided by physicians and the same services provided by qualified non-physician health care providers. These services may be used for telephone-only evaluation and management services.
  • Licensed clinical social workers, clinical psychologists, physical therapists, occupational therapists, and speech language pathologists can perform e-visits via telehealth.
  • Limits have been lifted for subsequent inpatient visits, subsequent skilled nursing visits, and critical care consult codes.
  • Physicians may provide supervision virtually using real-time audio/visual technology for services that require direct supervision by a physician or other type of practitioner.
  • For additional information on new flexibilities in the use of telehealth for Medicare patients, go here.

Reducing Paperwork

  • CMS is waiving various requirements that limit and define the use and documentation of verbal orders in a hospital.
  • CMS is waiving reporting requirements when patients who have passed away required soft restraints prior to their death.  If restraints were a factor in the death, the usual reporting requirements apply.
  • CMS is waiving the current requirements for providing “detailed information” in discharge planning as long as discharging hospitals continue to provide the data patients and their families need to make decisions about appropriate post-acute care.  This does not waive the requirement that patients have all of the necessary medical information they need for their post-acute setting.
  • While maintaining the discharge planning requirements that ensure that patients are discharged to an appropriate setting with the necessary medical information, CMS is waiving some of the specific components of discharge information acute-care hospitals are ordinarily required to provide.
  • CMS is waiving requirements involving the organization and staffing of medical records departments and requirements for the form and content of medical records and is allowing for flexibility in completion of medical records within 30 days following discharge from a hospital.
  • CMS is waiving the requirements for hospitals to provide information about their advance directive policies to patients.
  • CMS is waiving the requirement that hospitals participating in Medicare and Medicaid must have a utilization review plan that meets specified requirements. CMS is waiving the entire utilization review condition of participation.
  • CMS is waiving – for “surge facilities” only – the requirement that the emergency services function operate according to written policies and procedures during surge periods.
  • CMS is waiving the requirement that hospital emergency preparedness policies and procedures include specified elements for the emergency preparedness communication plans of hospitals when a hospital is a surge site.
  • CMS is waiving requirements for hospital quality assessment and performance improvement programs that address the scope of the program, the incorporation and setting of priorities for the program’s performance improvement activities, and integrated quality assurance and performance improvement programs. The requirement that hospitals maintain an effective, ongoing, hospital-wide, data-driven quality assessment and performance improvement program remains.
  • CMS is waiving the requirement that providers must have a current therapeutic diet manual approved by the dietitian and medical staff readily available to all medical, nursing, and food service personnel. Such manuals would not need to be maintained at surge capacity sites.
  • CMS is waiving the requirement for nursing staffs to develop and keep current a nursing care plan for each patient and to have policies and procedures in place establishing which outpatient departments are not required to have a registered nurse present.
  • Completed 2019 Occupational Mix Surveys, Hospital Reporting Form CMS-10079, for the Wage Index Beginning FY 2022, are due to the Medicare Administrative Contractors (MACs). CMS is granting an extension for hospitals nationwide affected by COVID-19 until August 3, 2020.
  • CMS is waiving requirements that govern pre-admission screening and annual resident review (PASARR) to permit states and nursing homes to suspend these assessments for new residents for 30 days. After 30 days, new patients admitted to nursing homes with a mental illness or intellectual disability should receive the assessment as soon as resources become available.
  • CMS is waiving many paperwork requirements for home health agencies, skilled nursing facilities, nursing facilities, end-stage renal dialysis facilities, home health agencies, and hospices. Find those changes here (pages 9-16).
  • Medicare Administrative Contractors (MACs) and Qualified Independent Contractors (QICs) in the fee-for-service program may allow extensions to file an appeal. CMS is allowing MACs and QICs in the fee-for-service program and the MA and Part D independent review entities (IREs) to:
    • waive requests for timeliness requirements for additional information to adjudicate appeals;
    • process appeals even with incomplete appointment of representation forms;
    • process requests for appeals that do not meet the required elements using information that is available; and
    • use all flexibilities available in the appeal process if good cause requirements are satisfied.

Others

  • CMS offers stakeholders examples of section 1135 waivers available to individual providers.  Find those examples here beginning on page 23.
  • CMS is waiving certain patient rights involving copies of medical records, patient visitation limits, and quarantine processes in states that have had more than 50 confirmed COVID-19 cases.

For further information:

To learn more about these changes, you may wish to consult the following resources:

The following is the latest information from the administration and federal regulators as of 4:30 today.

The White House

President Trump has issued a presidential memorandum to the Secretary of Defense and the Secretary of Homeland Security authorizing the use of the National Guard to provide COVID-19-related services to the states of Connecticut, Illinois, Massachusetts, and Michigan, with the federal government to pay 100 percent of the cost of such a deployment.  The federal assumption of 100 percent of this cost expires in 30 days.

Centers for Medicare & Medicaid Services

Department of Health and Human Services

The Department of Health and Human Services has posted a news release in which it outlines the steps it has taken and will be taking to accelerate clinical trials for possible COVID-19 vaccines and to prepare for the manufacture of approved vaccines.

U.S. Public Health Service

The U.S. Public Health Service has issued a letter on optimizing ventilator use during the COVID-19 pandemic.

Food and Drug Administration

Resources to Consult

Pennsylvania Department of Human Services

Main COVID-19 Page

COVID-19 Provider Resources

Press Releases

Pennsylvania Department of Health

Main COVID-19 Page

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

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2020-03-31T20:58:06+00:00March 31st, 2020|Coronavirus, COVID-19, Federal Medicaid issues, Medicare|Comments Off on COVID-19 Update: March 31, 2020
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