This updated article provides links to, and briefly summarizes, legislation and federal agency guidance designed to ease the burden on higher education institutions.
Powers has updated this article to incorporate new information and guidance released by the U.S. Department of Education on May 15, 2020. Sections that have been substantively updated are denoted by the phrase New Information.
On May 14, Powers attorneys from the Indian tribal governments and health care groups hosted a webinar on Indian tribal telehealth opportunities, including recent opportunities presented by the CARES Act.
While the impact of the COVID pandemic on elective surgery has received significant attention from the lay media, the impact of the crisis on diagnostic imaging and diagnostic testing—although likely at least as severe—has been less in the public eye (with the exception of clinical laboratory services, which are not addressed here). And while the expanded availability and coverage of telehealth has the potential to somewhat mitigate the impact of sharp reductions in in-person office visits and other medical services, at least some component of many diagnostic imaging and other diagnostic tests are not the beneficiaries of any such technological buffer.Read More
Updated May 12, 2020
In an Interim Final Rule published on March 31, CMS authorized physicians to bill for telehealth visits as if they were office visits in response to the COVID-19 public health emergency (“PHE”). Since then, many hospitals have pointed out that there was no mechanism for a hospital to bill an originating facility fee for a telehealth service performed by a physician from a hospital outpatient department or other provider-based clinic. Consequently, these services were reimbursed less when performed from a hospital site, as compared to a physician office site. (The UB92 hospital outpatient billing form does not provide for billing of a telehealth originating site facility fee because the patient is not physically present at the hospital.) This issue was raised repeatedly by providers during the CMS “Office Hours” teleconferences, during which CMS acknowledged the inconsistency and promised to release additional guidance.
As the COVID-19 crisis has unfolded, Skilled Nursing Facilities (SNFs) and Assisted Living Facilities (ALFs) have faced new transparency requirements imposed by both federal and state authorities that mandate certain specified disclosures of the COVID-19 status of residents and staff to other residents and their family members. Read More
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On April 30, 2020, CMS issued a display copy of an Interim Final Rule (IFR) to clarify certain policies and make regulatory changes in response to the COVID-19 PHE. At the same time, CMS announced new waiver authorities under the CARES Act and released other documents to further clarify policies during the pandemic. The significant changes are summarized below.
Powers attorneys from the Indian tribal governments and health care groups will host a free webinar next week on Indian tribal telehealth opportunities, including recent opportunities presented by the CARES Act.
Current as of May 4, 2020
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Over the last several weeks, Powers has been reporting on the telehealth expansion during the COVID-19 pandemic. (More information is available on the Powers website.) The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020 and the Centers for Medicare and Medicaid Services (CMS) Interim Final Rule (IFR), issued on March 31, both contain significant telehealth provisions. CMS has also been issuing a steady stream of guidance regarding implementation of these provisions, although many questions still remain unanswered. On April 30, 2020 CMS issued a new series of updates including new waivers and a new IFR. This series of Q & As address many of the temporary telehealth provisions that apply during the COVID-19 public health emergency (PHE) including the April 30, 2020 announcements. Powers will be updating this document as the Administration continues to issue additional guidance. The information contained in this document shall not be considered legal advice but should be instructive for providers seeking to be in compliance with laws, regulations, and guidance that are being issued and changed frequently.
In response to the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) and the Centers for Disease Control and Prevention (CDC) have compiled relevant information for employers and provided guidance on equal employment opportunity (EEO) laws applicable to people with disabilities and COVID-19. Those resources can be found at the links below.
On April 27, the Department of Health and Human Services (HHS) opened the COVID-19 Uninsured Program Portal, where providers can sign up for reimbursement for testing and treating uninsured patients who had COVID-19 diagnoses on or after February 4, 2020. The funding is part of the legislative responses to the COVID-19 pandemic and will provide Medicare rates for COVID treatment. Providers may now enroll through the Program Portal at https://coviduninsuredclaim.linkhealth.com/.
On April 27, 2020, the Centers for Medicare and Medicaid Services (CMS) announced that it is suspending its Advance Payment Program to Part B suppliers and reevaluating the amounts that will be provided under its Accelerated Payment Program. Beginning on April 26, 2020, CMS will no longer accept any new applications for the Advance Payment Program, and CMS will reevaluate all pending and new applications for Accelerated Payments.
To stay up to date on the latest news and insights from the Powers Law Firm, please visit our COVID-19 resource page here.
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Over the last month, Congress and the Trump Administration have taken several key steps to address the expanding public health crisis caused by the coronavirus, officially known as COVID-19. This memo summarizes Congress’ actions to date with a focus on its most recent activity, today’s enactment of the Paycheck Protection Program and Health Care Enhancement Act.
As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Department of Health & Human Services (HHS) has announced $30 billion in immediate relief funding to providers in support of the national response to COVID-19.
On April 14, 2020, CMS held another call in a series of “Office Hours” on COVID-19 payment questions. CMS Office Hours provides an opportunity for providers on the frontline to ask questions to agency officials regarding CMS temporary actions related to COVID-19. Pre-submitted questions are accepted at covid-19@cms.hhs.gov. During its “Office Hours” on April 14, CMS fielded questions on a wide range of issues, with an emphasis on hospital billing for remote services provided by physical therapists, occupational therapists, and other non-physician clinical staff and on COVID-19-specific coding and billing issues, especially those related to the use of code “modifiers.” A transcript of the Office Hours session, with questions and answers grouped by subject, follows. If you have any questions, please contact Diane Millman (Diane.Millman@PowersLaw.com), Leela Baggett (Leela.Bagett@PowersLaw.com), or your regular Powers attorney.
On April 9, 2020, the Centers for Medicare and Medicaid Services (CMS) focused part of its “Office Hours on COVID 19” on answering providers’ questions on a wide range of changes in otherwise applicable CMS requirements, in light of the COVID-19 pandemic. Below are CMS’ responses on a number of the pressing concerns raised by providers during the call. ‘Questions and Answers’ have been rearranged to group similar questions and responses together.
On April 9, 2020, the Centers for Medicare and Medicaid Services (CMS) focused part of its “Office Hours on COVID 19” on answering providers’ questions on coding and payment challenges arising from new coverage of telehealth services during the pandemic. Below are CMS’ responses on a number of the pressing concerns raised by providers during the call. ‘Questions and Answers’ have been rearranged to group similar questions and responses together.
This article has been revised to include additional and updated guidance from the U.S. Department of Education. Please click here to view the most recent version.
This updated article provides links to, and briefly summarizes, legislation and federal agency guidance designed to ease the burden on higher education institutions.
As of early April 2020, the United States Congress has passed three major pieces of legislation to respond to the ongoing COVID-19 pandemic and bolster the American economy. Together, these bills inject more than $2 trillion into the economy; provide greatly expanded supplemental funding for federal, state, and local governments to combat the crisis; expand authorities for health care providers to treat patients; and much more. In the coming months, Congress is expected to consider a fourth and potentially fifth major package on COVID-19, bills that may include additional economic stimulus, infrastructure spending, and wider health care provisions.
Powers attorneys Bill von Oehsen, Barbara Straub Williams, Peggy Tighe and Rebecca Burke hosted a webinar on telehealth issues, with a focus on recent changes as the result of the COVID-19 pandemic, including the addition of several new CPT codes for billing and payment of telehealth services and, in some circumstances, phone calls.
The full PowerPoint presentation can be seen here.*
*Current as of 4/3/2020
As of Friday, April 3, 2020, the Small Business Administration (SBA) is accepting loan applications from lenders under the Paycheck Protection Program (PPP), enacted March 27th. APPLY TODAY (or as soon as possible) if you are eligible and wish to participate in this first-come, first-served $349 billion program. Once these dollars are exhausted, the program will not accept additional applications. PPP loans do not have to be paid back if borrowers use at least 75% of the loan to retain employees and cover other specified expenses over an eight-week period. For more information on the PPP, please consult our detailed memo here, visit the SBA’s dedicated website here, and review the Interim Final Regulations, the most recent and detailed guidance published April 2, 2020, here.Read More