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

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.

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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/.

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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.

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To stay up to date on the latest news and insights from the Powers Law Firm, please visit our COVID-19 resource page here.

Click here to download a PDF of this article.                            

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.

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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.

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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.

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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.

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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.

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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

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To support providers and suppliers during the COVID-19 public health emergency, the Centers for Medicare and Medicaid Services (CMS) has announced a nationwide expansion of the Medicare Accelerated and Advance Payment Program (AAPP). Providers and suppliers will be able to access expedited and advanced payments in order to fund their operations and increase cash flow during the crisis and accompanying disruptions in claims submissions and processing. CMS’ fact sheet detailing eligibility and the application process can be found here.Read More