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COVID-19: Federal Legislative Response Overview

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.

Webinar on Telehealth and COVID-19

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

COVID-19 Paycheck Protection Program Summary: Apply Today to Help Protect Your Small Business or Nonprofit

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 27^th. 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

Medicare Accelerated and Advance Payment Program: What Providers/Suppliers Need to Know During COVID-19

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

Overview of CMS Stark Waivers

On Monday March 30, the Centers for Medicare and Medicaid Services (CMS) published blanket waivers to some of the Stark law requirements. The waivers are detailed and provide many examples of how they will apply. You can view the waivers here, but we think the important takeaways are as follows:

Webinar on Medicare and Medicaid Telehealth Waivers in Response to the COVID-19 Pandemic

Powers attorneys Rebecca Burke and Megan La Suer hosted a webinar last week that discussed the impact of COVID-19 on Medicare and Medicaid telehealth waivers.

The full PowerPoint presentation can be seen here.*

*Slides are current as of March 27, 2020.

Summary of Economic Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act

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, while at the same time trying to staunch the negative repercussions currently affecting the nation’s employment and financial markets. To stay up to date on the latest news and insights from the Powers Law Firm, please visit our COVID-19 resource page: https://www.powerslaw.com/covid-19/.

Summary of the Coronavirus Aid, Relief, and Economic Security (CARES) Act

Powers Attorneys to Host Webinar on Telehealth & COVID-19

On Friday, April 3, Powers will host a free 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. Powers healthcare attorneys will assist your organization with the rapidly changing guidance on telehealth issues by addressing the following topics:

CMS Announces Accelerated and Advance Payments for Medicare

To alleviate cash flow problems, the Centers for Medicare and Medicaid Services (CMS) is allowing Part A providers and Part B suppliers to request accelerated/advance Medicare payments. Read More

Summary of Higher Education Provisions in the $2 Trillion Federal Economic Relief Package Known as the CARES Act

The Powers education group released a memorandum today summarizing the higher education provisions in the Coronavirus Aid, Relief and Economic Security (CARES) Act, passed on Friday, March 27. The memorandum provides an executive summary and a section-by-section overview of the higher education provisions of the CARES Act.

Read the full memo here.

Powers Update Regarding COVID-19 Guidance for Postsecondary Institutions

The spread of the 2019 novel coronavirus (“COVID-19”) has had an unprecedented impact on higher education institutions across the country. Schools are closing campuses, sending students home, and transitioning their academic programs from brick-and-mortar sites to distance education delivery methods. This article provides links to, and briefly summarizes, recent guidance issued by federal agencies and potential legislation designed to ease the burden on higher education institutions. All affected schools should remember to document any changes to their programs and to communicate the changes to their accreditors. Institutions should also promptly alert students to any changes in programs, the academic calendar, or method of instruction.

Legislative Memorandum on Families First Coronavirus Response Act

The Powers legislative practice released a memorandum today summarizing the second emergency bill pass to combat the coronavirus (COVID-19), known as the Families First Coronavirus Response Act (FFCRA). Click here to read the full memo.

Navigating Event Cancellations and Workplace Challenges Amid the Coronavirus Outbreak

As the spread of the novel coronavirus (COVID-19) continues, nonprofit organizations are facing a number of difficult decisions regarding their upcoming conferences and events and their workplace policies. In most cases, organizations are choosing to cancel or postpone their events, and many are developing unprecedented workplace policies to protect the health of their employees, attendees, and members.

Senior Director of Government Affairs Jeremy Scott Presents at HOPA Annual Conference

Powers Senior Director of Government Affairs Jeremy Scott presented last week at the Hematology/Oncology Pharmacists Association’s (HOPA) 16^th Annual conference—HOPA AHEAD 2020.

Legislative Memorandum on the Coronavirus Preparedness and Response Supplemental Act

The Powers legislative practice group released a memorandum today that summarizes the emergency spending bill enacted by the Trump Administration to combat the coronavirus, as well as the series of waivers issued by the Centers for Medicare and Medicaid Services (CMS), which grant health care providers greater flexibility in treating patients. Click here to read the full memo.

By Rebecca Burke and Megan La Suer

In guidance released by the U.S. Department of Health and Human Services (HHS) on March 17, 2020, the Administration greatly expanded Medicare coverage of telehealth services to cope with the national public health emergency posed by COVID-19 describing broadened access to telehealth services under Medicare. This guidance and an accompanying set of FAQs implements legislation enacted on March 6, 2020 which, among other things, gave the Secretary of HHS discretion to waive statutory rural and site of service coverage restrictions on services provided via telehealth.

By Kathleen Hatfield

The emergency supplemental appropriations bill enacted on March 6 deemed the coronavirus a “disaster” such that amounts included in the Small Business Administration (SBA)’s Disaster Assistance Loan Program, supported by $1 billion in loan subsidies, may now be utilized by small businesses and private non-profit organizations to obtain loans to cover financial losses incurred as a result of the ongoing emergency. Information on how SBA will implement this provision and grant loans of up to $2 million is provided here.

Powers Pyles Sutter & Verville Response to Coronavirus

Powers is monitoring the situation involving the spread of the novel coronavirus (COVID-19). As our firm navigates this complicated challenge and remains open for business, we are taking measures to protect our attorneys, staff, and clients.

By Mark Fitzgerald and Natalie Dobek

On Friday, the President declared the novel coronavirus (COVID-19) outbreak a national emergency under the National Emergencies Act. This declaration allows the Department of Health and Human Services (HHS) Secretary Azar to waive certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of this emergency under Section 1135 of the Social Security Act.

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