Click here to visit our COVID-19 resource center.
LEGISLATIVE UPDATE
Monday, May 4
Oversight: Senate HELP Committee Ranking Member Patty Murray and Democratic Lawmakers Call to Secretary of State Mike Pompeo to Overturn Policies that Undermine Global Health and COVID-19 Response
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
Click here to visit our COVID-19 resource center.
WHITE HOUSE UPDATE
Monday, April 27
Coronavirus Response: President Trump Unveils COVID-19 Testing Blueprint to Help Facilitate Reopening of States
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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.
Click here to visit our COVID-19 resource center.
WHITE HOUSE UPDATE
Friday, April 24
Coronavirus: President Trump Signs Paycheck Protection Program and Health Care Enhancement Act, Providing Funding for Hospitals, Providers, and Testing amid COVID-19 Pandemic.
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.
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On April 2, 2020, the U.S. Department of Education (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) that proposed regulatory edits on a number of topics, and predominantly distance education and direct assessment (including subscription-based) programs. The NPRM, which can be found here, is the product of negotiated rulemaking surrounding a number of accreditation-related issues that occurred in 2019 and resulted in consensus on the Department’s proposed regulations. The NPRM invites the public to submit comments on the proposed regulatory revisions, and any such comments must be received on or before May 4, 2020. Comments may be in support of the NPRM or can suggest revisions. Please contact Powers if you would like any assistance in preparing comments.
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.
Click here to visit our COVID-19 resource center.
WHITE HOUSE UPDATE
Coronavirus: President Trump Announces Guidelines for Re-Opening Nation in Next Chapter of COVID-19 Recovery
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Powers is pleased to announce that attorneys Mark Fitzgerald, Rob Portman, Ron Connelly, Mary Susan Philp and Kathleen Hatfield have been selected for inclusion in Super Lawyers 2020.
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.
