Pennsylvania Medicaid and COVID-19 Archives - Safety-Net Association of Pennsylvania

Pennsylvania Health Law Project Newsletter

The Pennsylvania Health Law Project has published its June 2022 newsletter.

Included in this month’s edition are articles about:

Changes in HealthChoices managed care plans that take effect on September 1.
The July 1 transition to Tempus as the financial management services vendor for Community HealthChoices, which means Tempus will take over paying direct care workers hired by Community HealthChoices participants as part of that program’s self-directed care model.
A reduction of the deadline for requesting a fair hearing in response to Medicaid eligibility rejection or termination from the program from 90 days, which it has been since the start of the COVID-19 emergency, back to the 30 days it was before that time. This change is retroactive to May.
A lifting of the pandemic-driven suspension of the need for prior authorization for shift nursing services for Medicaid beneficiaries under the age of 21, which will take effect on November 1.

Read about these subjects and more in the June 2022 edition of Health Law News, the Pennsylvania Health Law Project’s newsletter.

jsteinbock2022-07-06T21:19:51+00:00July 7th, 2022|COVID-19, HealthChoices, Pennsylvania Medicaid, Pennsylvania Medicaid COVID-19, Pennsylvania Medicaid policy|Comments Off

PA Health Law Project Newsletter

The Pennsylvania Health Law Project has published its September 2020 newsletter Health Law News.

Included in this month’s edition are articles about:

How Pennsylvania Medicaid beneficiaries who turn 21 during the COVID-19 emergency remain eligible for EPSDT services.
Pennsylvania Health Law Project navigators who can help direct people to COVID-19 testing and treatment.
A warning that without increased federal Medicaid matching money, states may seek to reduce Medicaid provider payments, increase beneficiary cost-sharing, or reduce services.

Read about these subjects and more in the Pennsylvania Health Law Project’s September 2020 newsletter.

PA Safety Net Admin2020-10-08T06:00:21+00:00October 8th, 2020|Coronavirus, COVID-19, Pennsylvania Medicaid|Comments Off

COVID-19 Update: March 26, 2020

The following is a summary of the major COVID-19-related developments in Pennsylvania as of 5:00 on March 26.

Pennsylvania Update

Governor Wolf

House Bill 1232, which includes up to $50 million to help with the state’s COVID-19 response, is now on Governor Wolf’s desk and he is expected to sign it tomorrow, when he also is expected to sign three other bills the legislature passed late yesterday:

HB 68 – amends the rules of unemployment compensation during an emergency declaration such as easing work search requirements and extending the length of time that benefits are available.
SB 422 – amends the election code to move the Pennsylvania primary election to June 2, 2020.
SB 751 – amends the school code to protect employees and address various changes in state education requirements.

Department of Health

Secretary Levine has ordered ambulatory surgical facilities to report on specific items for the purpose of managing supplies and equipment. Portions of the survey are to be updated each day, including the number of procedures they perform and their remaining supplies of personal protective equipment. Click here for a copy of the survey, which was also shared by the department via email to facility administrators. Click here to view the Secretary’s order.
More information is now available to assist hospitals with complying with Secretary Levine’s March 25 order that they report three times a day on specific data regarding hospital facilities, beds, supplies, equipment, and staffing. Data will be collected using the Essential Elements of Information (EEI) tool in the Knowledge Center – Health Incident Management System (KC-HIMS). Hospitals needing onboarding for the Knowledge Center should contact the HAP Readiness Coordinator for their regional health care coalition; that contact information is at the bottom of the webpage here.
During her daily briefing, Department of Health Secretary Levine reported the following:
More than twice as many new cases today as yesterday.
Cases hold steady at about 10 percent requiring hospitalization.
Of nearly 1700 cases so far, 56 required ICU and 32 needed ventilators.
46 percent of new cases fall in the 25-40 age group.
The state is focused on standards of care and is not contemplating triage for patients getting all the care they need.
Those standards of care may evolve as the number of cases rises and the state adds more beds, whether that means new hospital beds or places like ambulatory surgery centers and hotels where people can receive post-acute care when they no longer need acute care. The Department of Health is working to find such additional beds.
The state is doing “everything we can” to support hospitals.
Among other measures, Pennsylvania has distributed 678,000 N-95 masks, 380,000 pairs of gloves, and 744,000 goggles and face protectors to hospitals and providers. The federal government is replenishing the state’s supplies and the state is also looking to purchase more of its own.

Department of Human Services

The Department of Human Services (DHS)’ Office of Mental Health and Substance Abuse Services has sent an FAQ to HealthChoices behavioral health managed care organizations, fee-for-service providers, and county mental health authorities on the subject of behavioral health Medicaid programs and the COVID-19 crisis. Find that FAQ here.
DHS has submitted a section 1135 waiver request to the federal Centers for Medicare & Medicaid Services. Such requests seek temporary exemption from federal Medicaid requirements. Pennsylvania’s request covers requirements involving Medicaid authorization, long-term services and supports, fair hearings, provider enrollment, reporting and oversight, and other matters. See the state’s 1135 waiver request here.
DHS’s Office of Child Development and Early Learning has issued guidance to child care advisors to help them keep children, their families, and staff safe during the COVID-19 emergency. Find that guidance here.
The federal government approved Pennsylvania’s request to extend the time that people are eligible to participate in the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). The state also will be submitting a waiver to enable many college students, currently ineligible for such benefits, to participate in SNAP.
DHS has published its latest COVID-19 stakeholder update. Find it

Department of State

The Department of State has provided guidance for doctors prescribing chloroquine and hydroxychloroquine and pharmacists dispensing it. See that language here.

Federal Update

Department of Health and Human Services

The Department of Health and Human Services (HHS) will be publishing a “Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures” in the Federal Register on March 30. The notice gives the Secretary of HHS authority to designate such materials as scarce and to invoke prohibitions against hoarding them. The notice, which is not a regulation and expires in four months, lists specific medical supplies to which it applies. Find the notice here.
HHS’s Office of Civil Rights has posted notice in response to questions about whether HIPAA requirements permit covered entities to share with law enforcement, paramedics, other first responders, or public health authorities the names or other identifying information of individuals who have been infected with or exposed to COVID-19 without the permission of those individuals. The notice outlines the specific situations under which such disclosure is permitted. See the notice here.

Centers for Medicare & Medicaid Services

The Families First Coronavirus Response Act, signed into law on March 18, includes a temporary 6.2 percentage point increase in the federal medical assistance percentage (FMAP: the rate at which the federal government matches state Medicaid expenditures). A new CMS FAQ provides information about the state Medicaid expenditures to which the increase applies, its applicability to Medicaid DSH payments, the duration of the supplemental funding, and more. Find this FAQ here.
CMS has approved more section 1135 waivers for states.
CMS has published an FAQ on Medicare provider enrollment relief. Find it here.
CMS’s Center for Consumer Information & Insurance Oversight has issued a memo to qualified health plans and stand-alone dental plans offered on the federal exchange and state exchanges on the subject of payment and grace period flexibilities associated with the COVID-19 crisis See that memo here.

Food and Drug Administration

The Food and Drug Administration (FDA) has published guidance for industry and food staff on the enforcement policy for face masks and respirators during the COVID-19 health emergency. Find the guidance document here.
The FDA has sent a detailed letter to manufacturers and other stakeholders authorizing the emergency use of authorized ventilators, ventilator tubing connectors, and ventilator accessories, including alternative products used as medical devices, during the COVID-19 pandemic subject to the terms detailed in this letter and based on the specific types of equipment and supplies involved as also described in the letter. Find the document here.

Centers for Disease Control and Prevention

The Centers for Disease Control and Prevention published the following documents relevant to health care providers:
The Centers for Disease Control and Prevention (CDC) has issued interim clinical guidelines for the management of patients with COVID-19. Find those guidelines here.
CDC has updated its guidelines for collecting, handling, and testing clinical specimens from persons with COVID-19. Find those updated guidelines here.
The CDC has developed two checklists that identify key actions that can be taken now to enhance preparedness for potential or confirmed patients with COVID-19. Find them here.
The CDC has developed a spreadsheet-based model that to help providers plan and optimize their use of personal protective equipment for response to COVID-19. Find a link to that downloadable spreadsheet here.
The CDC has updated its guidance on the collection and submission of post-mortem specimens from deceased persons under investigation. See the updated guidance here.

National Uniform Billing Committee

The National Uniform Billing Committee, the governing body for forms and codes use in medical claims billing in the United States for institutional providers, has published guidance on claims for COVID-19 treatment. The guidance, which addresses use of the “DR” condition code and use of hospital outpatient bill type for COVID-19 testing locations, can be found 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

Pennsylvania Emergency Preparedness Guide

Centers for Disease Control and Prevention

Main COVID-19 Page FAQ

PA Safety Net Admin2020-03-27T06:00:57+00:00March 27th, 2020|Coronavirus, COVID-19, Pennsylvania Department of Health and COVID-19, Pennsylvania Department of Health coronavirus, Pennsylvania Medicaid COVID-19|Comments Off

COVID-19 Update: March 25, 2020

The following is a summary of the major COVID-19-related developments in Pennsylvania as of 5:15 on March 25.

State Legislature

Today the Senate passed House Bill 1232, as amended, which includes up to $50 million of additional funding to be made available for the state’s COVID-19 response efforts. The legislation stipulates that funding shall only be used to buy medical equipment and supplies for health care entities to meet urgent patient and staff needs to address surge demand. It also requires available federal funding and any funding made available through the governor’s disaster proclamation to be used before these funds. The authority to transfer funds expires on September 30, 2020.

Senate leadership noted that this is the first phase in its crisis response and recognizes that additional funds will likely be needed. The House is expected to pass the bill as amended today. The bill will then be signed in both chambers and sent to the governor for consideration and he is expected to sign it. It would take effect immediately.

The Administration

Governor Wolf

Today the governor added Lehigh and Northampton counties to his stay-at-home order.

Department of Health

Secretary Levine today issued an order requiring hospitals to make daily report of specified data regarding hospital facilities, beds, supplies, equipment, and staffing. Among the measures hospitals will be required to report daily are available beds, psychiatric beds, number of other beds in facilities, current emergency department capacity, number of COVID-19 patients, expected number of days remaining N-95 masks will last, expected number of days remaining until other personal protective equipment supplies will exhausted, supply of remaining NP specimen collection supplies in days, number of ventilators in facility and in use, and number of employees available for work. See the secretary’s order here.

Department of Human Services – Office of Medical Assistance Programs

The Office of Medical Assistance Programs has issued billing guidance to CHIP managed care organizations on the subject of alternative screening sites related to COVID-19. Find that two-page document here.
It issued another policy clarification to CHIP managed care organizations with directions to bypass the prior authorization requirements for chest CT scans for COVID-19 payments. See that policy clarification document here.

Another notice announces a new ICD-10 code for COVID-10 that takes effect on April 1. Find it here.

The Office of Medical Assistance Programs has posted an FAQ on Medicaid program coverage of COVID-19 testing and related services. It includes information about what Pennsylvania Medicaid will pay for COVID-19 testing, the services it will cover, and more. Find it here.

Department of Human Services – Office of Long Term Living

The Office of Long Term Living (OLTL) has published guidance on conducting pre-admission screening and resident reviews for applicants to and residents of Medicaid-certified nursing facilities. This includes an explanation of performing such screens by phone or video conference. See the guidance here.
OLTL also has sent a memo to nursing home transition coordination agencies about a new, COVID-19-motivated nursing home transition tenant-based rental assistance process. Find that memo here.
OLTL also communicated via its listserv that it is delaying the implementation deadline for electronic visit verification (EVV) until October 1, 2020.

Department of Drug and Alcohol Programs

The Department of Drug and Alcohol Programs (DDAP) has issued a document clarifying the state’s response to federal guidance on the disclosure of patients’ substance abuse disorder records during the telehealth process. See that policy clarification here.
DDAP has issued a policy bulletin addressing telehealth services for gambling treatment. Find that bulletin here.

Department of State

The Pennsylvania Department of State, which is responsible for licensing many health care providers, has announced new guidelines and processes for reactivating the licenses of retired health care professionals such as doctors, nurses, nurse practitioners, pharmacists, and others. This new policy supplements previous announcements the department has made on this subject. Find this updated information here.

Pennsylvania Health Centers Awarded Federal Funds

The federal Health Resources and Services Administration has awarded $100 million in grants to 1381 health centers across the country. Among them are 43 health centers in Pennsylvania that will share $12.9 million in federal funds. See a list of those grant recipients 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

Pennsylvania Emergency Preparedness Guide

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

PA Safety Net Admin2020-03-26T06:00:31+00:00March 26th, 2020|Coronavirus, COVID-19, Pennsylvania Department of Health and COVID-19, Pennsylvania Department of Health coronavirus, Pennsylvania Medicaid, Pennsylvania Medicaid coronavirus, Pennsylvania Medicaid COVID-19, Pennsylvania Medicaid policy|Comments Off

COVID-19 Update: March 24, 2020

The following is a summary of the major COVID-19-related developments in Pennsylvania as of 4:45 today.

For your convenience, copies of our daily updates are also posted to the SNAP Blog available here.

State Updates

The State Legislature

House Chamber of the State House The legislature continues to deliberate on a number of measures to respond to the COVID-19 crisis. Among the issues being discussed between the administration and legislature are:

Declaring a public health emergency and providing funding to respond to the crisis.
Advancing telemedicine legislation.
Amending the rules of unemployment compensation during an emergency declaration such as easing work search requirements and extending the length of time that benefits are available.
Providing assistance to small businesses and non-profits through the Pennsylvania Industrial Development Authority.
Amending the state’s election code to move the primary election to June 2.
Amending the school code to protect employees and address various changes in state education requirements.

Department of Health Daily Briefing

Department of Health (DOH) Secretary Rachel Levine, M.D., provided her daily COVID-19 briefing. She reported that the number of cases in the state is doubling every two to three days and she expects the pandemic to spread to additional rural counties.

The state is sharing personal protective equipment and ventilators with providers as providers request them and its stock is being replenished by the federal government. Despite this, the state continues to seek to purchase more N-95 masks and ventilators.

Direct caregivers, she warned, cannot use homemade masks. They are not effective.

Turnaround time for COVID-19 testing in the state lab and most hospital labs is 24 hours. The major commercial testing companies are experiencing a backlog.

Health care personnel are being given priority for COVID-19 testing but only if they show symptoms.

While the state is discussing adapting facilities for post-acute care and other COVID-19-related purposes, Secretary Levine said she thinks it is unlikely the state would reopen Hahnemann Hospital.

People with chronic medical conditions such as lupus are starting to report trouble getting drugs like chloroquine and hydroxychloroquine because of unsubstantiated suggestions that they can help fight COVID-19. The Department of Health and Department of Human Services are talking to pharmacies about this and working to ensure access for patients who need these drugs for medically approved purposes.

The state is not prepared to consider easing its stay-in-place and non-essential business closure orders at this time.

Department of Human Services

The Department of Human Services (DHS), Office of Child Development and Early Learning has issued two documents. The first is titled “Infant Toddler Early Intervention Procedures during COVID-19 pandemic” and it describes how early intervention services can be delivered while face-to-face interactions are limited during the COVID-19 crisis. See the document here.

The second addresses child care program closures, waivers for child care programs to remain open, safety recommendations, and resources for workers who lose their jobs because of facility closures. Find that document here.

Home Care, Home Health, and Hospice Document Recirculated

On March 21, DOH published COVID-19 emergency response information for home care agencies, home health care agencies, and hospices. Today, in an effort to broaden the reach of that document, DHS shared it via its long-term care listservs.

Federal Updates

Centers for Medicare & Medicaid Services

CMS issued an FAQ explaining requirements for and distribution of the 6.2% enhanced FMAP stipulated in the Families First Coronavirus Response Act. States should expect to see their first payments no later than tomorrow. The document explains that the enhanced FMAP doesn’t apply to expansion population, though it does apply to DSH. It will flow through to the CHIP enhanced FMAP calculation but not in equal percentage point values for all states and the 100% cap on matching remains in effect. States will not need to submit a state plan amendment in order to receive the funding. The complete guidance document is available here.

Late yesterday the Centers for Medicare & Medicaid Services’ (CMS) Center for Clinical Standards and Quality/Quality Safety & Oversight Group issued a 28-page memo to state survey agency directors on the subject of prioritization of survey activities. During the three-week period following the March 13 declaration of a national emergency, state survey agencies are to have as their priorities complaint/facility-reported incident surveys, targeted infection control surveys, and self-assessments. They are not authorized to perform surveys on long-term-care facilities, hospitals, home health agencies, intermediate care facilities for individuals with intellectual disabilities, and hospices. See the CMS guidance letter.

CMS also has issued 11 more section 1135 Medicaid waivers. They are summarized in a CMS news release.

Health Resources and Services Administration

Today the Department of Health and Human Services’ (HHS) Health Resources and Services Administration (HRSA) awarded $100 million in grants to 1381 health centers to address screening and testing needs, purchase medical supplies, and boost capacity in response to the COVID-19 crisis. See an HHS news release here.

National Institutes of Health

The NIH is launching training for health care workers who interact with COVID-19 patients. The worker-based program will include a web site with training resources. Learn more from an NIH news release that describes the new initiative.

Food and Drug Administration

The FDA has updated its FAQ on diagnostic testing with new information for providers having trouble obtaining viral transport media. Read it here.

The FDA also has issued a safety alert addressing the use of fecal microbiota for transplantation and additional safety protections involving COVID-19 and SARS-CoV-2. Find it here.

Centers for Disease Control and Prevention

The CDC has issued new guidance to state and local agencies and service providers on working with their homeless population. Find it here.

FEMA

The Federal Emergency Management Agency (FEMA) has updated its COVID-19 pandemic advisory. See the updated advisory 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

Pennsylvania Emergency Preparedness Guide

Centers for Disease Control and Prevention

Main COVID-19 Page FAQ

Conclusion

Please let us know if you have any questions or need additional information or resources.

PA Safety Net Admin2020-03-25T06:00:19+00:00March 25th, 2020|Coronavirus, COVID-19, Federal Medicaid issues, Pennsylvania Medicaid coronavirus, Pennsylvania Medicaid COVID-19|Comments Off

COVID-19 Update: March 20, 2020

The following is a summary of the major COVID-19-related developments in Pennsylvania today as of 5:30 p.m. on March 20, 2020.

Pennsylvania Administration

Since yesterday, the Department of Human Services has issued the following four new guidance documents:

We notified you last night that the governor issued an order to close all “non-life-sustaining businesses.” Below please find two resources for additional information.

Any business that would like to seek a waiver to the mandate to close can send a request to this email address: RA-dcexemption@pa.gov
In addition, questions about whether or not your specific business needs to close can be directed to: ra-dcedcs@pa.gov

At the Secretary of Health’s daily update she noted that the number of diagnosed COVID-19 cases in the state doubled in the past two days.

Federal

Administration

CMS approved Washington state’s 1135 waiver request. The approval letter can be found here.

In addition, CMS released two telehealth toolkits: one for general practitioners that is available here and another for end-stage renal disease providers available here.

Congress

Congress is preparing a combination bill to both combat the spread of the coronavirus and also provide economic stimulus to counteract the negative effects of the state of emergency. As Congress deliberates, SNAP weighed in today with Pennsylvania’s congressional delegation, asking for immediate financial support for hospitals, the elimination of the Affordable Care Act Medicaid DSH cuts, and a moratorium on new regulatory requirements on hospitals. Find a summary of the bill here and SNAP’s letter to the delegation 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

Pennsylvania Emergency Preparedness Guide

Centers for Disease Control and Prevention

Main COVID-19 Page FAQ

Conclusion

Please let us know if you have any questions or need additional information or resources.

PA Safety Net Admin2020-03-23T06:00:11+00:00March 23rd, 2020|Coronavirus, COVID-19, Federal Medicaid issues, Pennsylvania Department of Health and COVID-19, Pennsylvania Department of Health coronavirus, Pennsylvania Medicaid, Pennsylvania Medicaid coronavirus, Pennsylvania Medicaid COVID-19, Pennsylvania Medicaid policy, Uncategorized|Comments Off

COVID-19 Update: March 19, 2020

The following is a summary of the major COVID-19-related developments in Pennsylvania for March 19, 2020 as of 6:30 p.m.

Pennsylvania Administration

Governor’s Order Closing State Businesses

Early in the evening, Governor Tom Wolf announced that he was ordering the immediate closing of what he called “non-life-sustaining businesses in Pennsylvania.” See his news release on the order here, the order itself here, and a list of types of businesses and whether they are or are not “life-sustaining” here.

Pennsylvania Department of State Licensure Exceptions and Fast Track

The Pennsylvania Department of State Bureau of Professional and Occupational Affairs, in conjunction with Governor Wolf, issued a press release announcing that the governor had granted the department’s request for a suspension to permit licensed practitioners in other states to provide services to Pennsylvanians without obtaining a Pennsylvania license during the emergency. The announcement also makes clear that “no Pennsylvania law prohibits the practice of telemedicine.” Under the exception, out-of-state practitioners must:

Be licensed and in good standing in their home state, territory or country.
Provide the Pennsylvania board from which they would normally seek licensure with the following information prior to practicing telemedicine with Pennsylvanians:
their full name, home or work mailing address, telephone number, and email address; and
their license type, license number or other identifying information that is unique to that practitioner’s license, and the state or other governmental body that issued the license.

The full text of the document can be found here.

Pennsylvania Department of Drug and Alcohol Programs Authorizing Additional Take-home Opioid Treatment Medicine

On March 16, the federal Substance Abuse and Mental Health Services Administration provided additional guidance to Opioid Treatment Programs. Today, Pennsylvania’s Department of Drug and Alcohol Programs issued a licensing alert taking advantage of that guidance to suspend the prohibition on patients receiving a greater-than-two-week supply of medication to take home. The full text of the document can be found here.

Pennsylvania Department of Human Services Shares COVID Response Overview

On Tuesday, March 17 Pennsylvania’s Department of Human Services (DHS) hosted an invitation-only call to provider DHS stakeholders with an overview of its actions related to COVID-19. Last night DHS issued a summary of that presentation. Please find that summary attached.

Pennsylvania Department of Health Daily Update

The Secretary stated that the Department of Health (DOH) is working with hospitals to evaluate whether elective procedures are necessary and to delay them as appropriate.
DOH has directed hospitals to update their emergency plans to include COVID-19 and to implement those plans as of 11:59 tonight.
Although the number of diagnoses continues to rise, hospitalizations in Pennsylvania are on par with nationwide statistics at roughly 10 percent of the diagnosed population.
The Secretary is urging small businesses to comply with the social distancing protocols and called on small business owners to contact the Department of Community and Economic Development to identify financial resources to assist them through this period.
She reminded citizens that limiting individual exposure does not require a mask, stating that the limited personal protective equipment supplies are best used by frontline responders.

Pennsylvania Legislature

House Chamber of the State House The following summary of PA legislative actions was compiled by Cynthia Fernandez of Spotlight PA and Gillian McGoldrick of Lancaster Online.

Limiting Disaster Powers

When Gov. Tom Wolf declared a disaster emergency on March 6, he was able to claim expansive powers. Rep. Russ Diamond (R., Lebanon) plans to issue a resolution to terminate Wolf’s COVID-19 emergency declaration “if the need arises.”

Privacy

Sen. Doug Mastriano (R., Franklin) is drafting a resolution that would call on the federal government to suspend privacy regulations for people who have tested positive for COVID-19. There should be “full disclosure of anyone who came within immediate contact of any contaminated citizen,” Mastriano said in a statement, “until the COVID-19 crisis passes.”

Pa. Coronavirus Cases

As of March 18, 2020, the Pa. Department of Health reports that there are 133 positive cases of COVID-19 in Pennsylvania.

Total cases/Deaths

VIEW THE INTERACTIVE MAP HERE: https://www.pennlive.com/news/2020/03/evictions-student-loans-pssas-and-more-what-pa-lawmakers-are-proposing-in-response-to-the-coronavirus.html

Rent

Lawmakers are drafting a bill to limit landlords’ right to evict tenants when a governor declares a state of emergency. The measure, from Rep. Mary Isaacson (D., Philadelphia) and Rep. Summer Lee (D., Allegheny), would “provide an exemption from eviction for workers who are unemployed, separated from their employment, or unable to find employment.”

Schools

Sen. Andy Dinniman (D., Chester) and Sen. Scott Martin (R., Lancaster) are drafting a bill that would cancel the state PSSA and Keystone exams for the remainder of this school year. The measure would also require the state Department of Education to waive federal testing requirements.

Dinniman is also drafting a measure that would give school districts authority to deliver online instruction until the end of the academic year.

Martin has proposed a bill that would require colleges and universities closed because of COVID-19 to refund all fees paid in advance, including room and board. The prorated refund would only apply from the date the institution shuttered through the end of the semester.

Sick Leave

Rep. Joe Hohenstein (D., Philadelphia) and Sen. Larry Farnese (D., Philadelphia) want to require paid sick leave for any workers left out by a federal bill on its way to President Donald Trump’s desk, which is limited to workers who need to care for their children. The legislation could leave 19.3 million workers without any sick pay, the Washington Post reported.

The state legislation would also require employers to reinstate workers when they return from leave.

Small Businesses

To lessen the impact on small businesses, Sen. Tom Killion (R., Chester) plans to introduce legislation that would direct table game revenue to the Department of Community and Economic Development to create zero-interest loans.

Reps. Valerie Gaydos (R., Allegheny) and Jared Solomon (D., Philadelphia) also plan to introduce legislation to create low-to-no interest loans to help small businesses survive. The bill will outline two types of loans: one will be short-term funding to meet payroll and overhead expenses; the other will be for “long-term resiliency” to help businesses recover over time.

Student Loans

A measure by Rep. Malcolm Kenyatta (D., Philadelphia) would allow a 60-day grace period for repayment of student loans issued by the Pennsylvania Higher Education Assistance Agency.

READ MORE: U.S. courthouse in Harrisburg closed after agent assigned there tests positive for coronavirus

Taxes and Filing

Rep. David Rowe (R., Union) and Rep. Frank Ryan (R., Lebanon) are writing a measure that would suspend sales and personal income tax collection until the disaster declaration is lifted.

The IRS will keep its tax-filing deadline as April 15, but the U.S. Treasury announced Tuesday it will waive interest and penalties for 90 days after that date. Rep. Joe Ciresi (D., Montgomery) plans to introduce legislation that would apply a 60-day extension for Pennsylvanians to file state income taxes when the state is under a disaster declaration.

Voting

All Pennsylvanians are now eligible to vote by mail. Rep. Kevin Boyle (D., Philadelphia) wants to encourage that by mailing all voters that kind of ballot ahead of the April 28 primary.

Rep. Dan Williams (D., Chester) plans to introduce legislation to allow elections officials to open votes submitted by mail before the polls close. House Majority Leader Bryan Cutler (R., Lancaster) previously said this is a part of discussions with Gov. Tom Wolf to “clean-up” a comprehensive voting reform bill passed last year.

Workers’ Rights

A proposed state Senate bill would support workers while quarantined or in isolation during a public health emergency. Sen. Steve Santarsiero (D., Bucks) said in a memo to his colleagues that Pennsylvania does not have a law that addresses whether an employer can fire a worker under these conditions during a state of emergency.

A measure by Rep. Ed Neilson (D., Philadelphia) would provide unemployment compensation for people who have been ordered to quarantine or isolate because of the coronavirus. His bill would not offer extended benefits to people who used paid time off or paid sick days during quarantine or isolation.

Federal

CMS Catastrophic Plan Coverage Guidance

Catastrophic coverage plans are generally prohibited from covering essential health benefits until a covered individual has met its deductible. The U.S. Department of Health and Human Services has issued a notice informing plans that it will not enforce this provision as it relates to insurers amending their plans to provide pre-deductible coverage for services related to the diagnosis and treatment of COVID-19. The full notice is available here.

CMS Medicaid and CHIP FAQ Released

The guidance describes the authority states have generally to respond to emergencies but has also been updated as of March 18 to include additional guidance specific to the response to COVID-19. The updates generally provide additional clarity around telehealth.

There are also new sections on managed care flexibilities and 1115 waiver flexibilities, again generally focused on limiting the spread of person-to-person contact through the use of telehealth, remote monitoring, etc. It is worth mentioning that this is federal guidance for state Medicaid programs so it describes what is possible but does not describe the actual conditions in any particular state.

The FAQ document is available here.

CMS Elective Surgery Guidance

CMS released guidance to limit non-essential adult elective surgery and medical and surgical procedures, including all dental procedures, in an effort to conserve critical resources such as ventilators and Personal Protective Equipment (PPE). Decisions remain the responsibility of local health care delivery systems, including state and local health officials, and those surgeons who have direct responsibility to their patients. To help with that decision-making, CMS offered a tiered framework of procedures that should be considered for postponement, taking into account the location (outpatient department, ambulatory surgery center, or hospital), the hospital’s COVID-19 patient census, the patient’s acuity, and more. Click here to read the full guidance. Click here to read the CMS press release.

HRSA Data Collection Activities

The Health Resources and Services Administration (HRSA) will not be going through notice and comment periods for data collection activities for the remainder of the emergency. Under this authority, HRSA launched an information collection effort to support the Trump administration’s response to the COVID-19 pandemic, surveying HRSA-funded health centers on their involvement in the COVID-19 response, including whether they are offering diagnostic tests. The agency will have to comply with relevant provisions within 30 days of the end of the emergency declaration. The announcement is available here.

CDC Alters Timeline to Implement New ICD-10 Code for Coronavirus (see attached)

The Centers for Disease Prevention and Control (CDC) is taking the unprecedented step of invoking the National Emergencies Act to supersede the schedule for updating the ICD coding set defined within HIPAA. Under this authority, CDC is establishing an effective date of April 1, 2020 for the new code as opposed October 1 date that would have been required under the normal statutory update schedule. The full text of the announcement is available 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

Pennsylvania Emergency Preparedness Guide

Centers for Disease Control and Prevention

Main COVID-19 Page

FAQ

PA Safety Net Admin2020-03-20T09:54:40+00:00March 20th, 2020|Coronavirus, COVID-19, Federal Medicaid issues, Pennsylvania Department of Health and COVID-19, Pennsylvania Department of Health coronavirus, Pennsylvania Medicaid, Pennsylvania Medicaid coronavirus, Pennsylvania Medicaid COVID-19|Comments Off

COVID-19 Update: March 18, 2020

The following is a summary of today’s major COVID-19-related developments.

Pennsylvania Updates

PACE Prescription Drug Program

Department of Health Secretary Rachel Levine announced that for individuals who participate in the state’s PACE program, which provides financial assistance on prescription drugs for low-income seniors, the state is waiving the current requirement that participants must use at least 75 percent of their supply of an individual drug before being eligible to renew their prescription. This does not apply to opioids and other controlled substances but participants who use those drugs can apply for a waiver from the 75 percent requirement.

In addition, PACE participants will not have to pay the cost of home delivery of their prescriptions.

COVID-19 Testing

Secretary Levine said that her department is working with hospitals on testing sites. The state is working with the county health departments in Philadelphia and Montgomery counties and the federal government to develop mass testing sites in those counties. Meanwhile, Quest and Labcorp are now doing COVID-19 testing and other commercial labs should be coming online soon. Hospitals, too, are developing their own testing capacity, and she specifically mentioned the Children’s Hospital of Philadelphia, Penn Medicine, UPMC, and the Allegheny Health Network as now having FDA-approved testing programs.

Ventilators

Secretary Levine announced that the state has its own stock of extra ventilators and is hoping to acquire more of them.

Hospital Beds

The state, Secretary Levine said, is waiving the requirement that hospitals notify the state before they increase their bed complement.

Unemployment Compensation

With unemployment claims in Pennsylvania up sharply, the state is streamlining its process for applying for benefits, waiving a one-week waiting period while it verifies unemployment and proof of a job search while also encouraging people to apply online. Read an account of the changes in this Pittsburgh Business Times article and find the official state notice here on the state’s unemployment compensation web page.

PA General Assembly Update

Today the Senate met briefly at the Capitol to pass temporary rules to allow its members to work and vote remotely should the need arise in the coming weeks/months. This is similar to the temporary rules adopted by the House earlier this week. In his floor remarks, Majority Leader Corman (R-Centre) committed to being as transparent as possible throughout this process with the public, press, administration, and House. He also committed to only move legislation forward during this remote time that is directly related to the pandemic. He noted that the time may come in the months ahead that the primary election or state budget could require the Senate’s attention in accordance with this remote voting authority.

Federal Updates

Senate Passes Emergency COVID-19 Aid Bill

Late this afternoon the Senate passed the COVID-19 aid bill that had already passed the House. President Trump is expected to sign it.

Elective Surgery

Today Vice President Pence urged hospitals to delay elective procedures. Centers for Medicare & Medicaid Services (CMS) administrator Verma said her agency will issue recommendations on such limits.

Practicing Medicine Across State Lines

The Department of Health and Human Services (HHS) is expected to issue regulations later today addressing the practice of medicine across state lines by doctors and medical professionals to meet the demands of caring for COVID-19 patients.

Section 1135 Waivers

The declaration of a national emergency included an invitation to states to apply for waivers of some federal regulations to facilitate caring for COVID-10 patients. As we wrote to you yesterday, Florida already has received such a waiver. Yesterday the California Hospital Association applied for such a waiver on behalf of the state’s hospitals and a published report suggests that almost every state is expected to apply for a section 1135 waiver.

Infection Control

The Centers for Disease Control and Prevention (CDC) has issued new infection prevention and control recommendations for patents with suspected or confirmed COVID-19. See those recommendations here.

The CDC also has issued guidelines that address health care workers returning to work after suffering from COVID-19 or who were suspected of suffering from or being exposed to it. Find those guidelines here.

HIPAA

Late yesterday HHS released a bulletin detailing the provisions of HIPAA that it will not be enforcing for covered hospitals that have implemented a disaster protocol. The waiver became effective on March 15, 2020. Find it here.

Telehealth

Yesterday the HHS Office of the Inspector General issued a policy statement regarding physicians and other practitioners that reduce or waive amounts owed by federal health care program beneficiaries for telehealth during the COVID-10 outbreak. Find that policy statement here and an accompanying fact sheet here.

On the same subject, the HHS Office of Civil Rights issued a notification of enforcement discretion for telehealth remote communications during the COVID-19 emergency. Find that document here.

JCAHO

Yesterday the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) announced that it has suspended its surveying activities at least until the end of April.

PA Safety Net Admin2020-03-19T15:44:02+00:00March 19th, 2020|Coronavirus, COVID-19|Comments Off

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