Monday, March 30 Recap
Note – We believe this is the most up-to-date information available at this time, but it is subject to change as circumstances warrant. Also, all finalized resources can be found on the COVID-19 Resource Center page of Hall Render’s website.
CMS Updates Waivers & Flexibilities
- Late this afternoon, CMS updated the waivers and flexibilities section of its website to include fact sheets with new information compiled by provider-type. Other new information includes blanket waivers of the Stark Law, Medicare provider enrollment relief, cost-report delays, relaxing certain conditions of participation and many others. Look for additional information and analysis from Hall Render in the coming days.
- CMS also issued an interim final rule with comment period, “Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency.”
- In addition, CMS issued a fact sheet for the new rule and waivers.
From the Administration
- On Sunday March 29, President Trump announced the guidelines for stopping the spread of COVID-19, such as social distancing, will now extend through April 30.
FEMA Coordinates Critical Supply Delivery
- The Federal Emergency Management Agency (“FEMA”) released an update on the agency’s response to the COVID-19 pandemic. FEMA organized flights from Asia with 80 tons of personal protective equipment for New York, New Jersey and Connecticut, with more flights going to Illinois today and Ohio Tuesday. Also, FEMA will deliver ventilators from the Strategic National Stockpile to Michigan, New Jersey, Illinois and Connecticut.
CMS Activates Advance Payment Program Nationwide
- CMS expanded its accelerated and advance payment program for Medicare participating health care providers and suppliers. The payments can be requested by hospitals, doctors, durable medical equipment suppliers and other Medicare Part A and Part B providers and suppliers.
- The fact sheet can be found here.
FCC Announces COVID-19 Telehealth Program
- The Federal Communications Commission (“FCC”) announced a plan for a $200 million COVID-19 telehealth program. This plan will help eligible health care providers purchase telecommunications, broadband and devices to provide telehealth services to COVID-19 patients and others at higher risk for the virus while reducing practitioners’ exposure.
VP Pence Requests Lab Information from Hospital Administration
- Vice President Mike Pence sent a letter to hospitals administrators requesting that all hospitals report COVID-19 testing data from their “in-house” labs to HHS/FEMA everyday by 5 PM EDT. If hospitals use one of the commercial labs listed in the letter for all COVID-19 testing, they do not need to report. Those labs are: LabCorp, BioReference Laboratories, Quest Diagnostics, Mayo Clinic Laboratories and ARUP Laboratories.
OCR Issues Bulletin on Civil Rights Laws and HIPAA Flexibilities for COVID-19
- HHS Office for Civil Rights (“OCR”) issued a bulletin to remind entities of obligations not to discriminate especially during the provision of care services during COVID-19. The bulletin also reminds health care entities of HIPAA flexibilities recently made available by OCR.
DOL Releases Additional Guidance on Paid Sick Leave and Expanded FMLA Benefits
- The Department of Labor (“DOL”) issued questions and answers addressing critical issues such as the definition of a “health care provider” and the scope of the small business exemption for purposes of exclusion from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, as well as whether public sector employees may take paid family and medical leave.
From the FDA
- FDA updated guidance on emergency use authorizations (“EUAs”) for personal protective equipment, such as an enforcement policy for gowns, other apparel and gloves during the COVID-19 Emergency.
- Information about EUAs from the FDA can be found here.
- FDA provided updated guidance on “Conduct of Clinical Trials of Medical Products during the COVID-19 Pandemic.”
Newly Released Resources from CMS
- CMS released Frequently Asked Questions for COVID-19 Medicare Provider Enrollment Relief.
- CMS released Guidance Memo – Quality Reporting and Value-based Purchasing Program.
- CMS released Quality Payment Program COVID-19 Fact sheet.
Congressional Outlook
- The Senate stands in recess until April 20.
- The House stands in recess until a date that has yet to be determined.
- The Democratic leadership and the White House have begun informal discussions regarding a fourth stimulus bill.
- One proposal under consideration for a fourth bill is increased OSHA protections for health care workers that mirrors the provisions included in Democratic alternative to the CARES Act. In that bill, $30 billion was allocated to OSHA for workplace protection activities in response to the coronavirus, including $10 million for the training grants to protect and educate workers. It would also require OSHA to issue an emergency temporary rule that requires health care providers, fire departments and other emergency responders to institute infection prevention programs. Additionally, Democrats are calling for new standards for guarding against airborne contagions for health care workers and expanding regulations to cover more employees.
For more information, please contact:
- John Williams III at (202) 370-9585 or jwilliams@wp.hallrender.com;
- Andrew Coats at (202) 370-9587 or acoats@wp.hallrender.com;
- Abby Kaericher at (202) 780-2989 or akaericher@wp.hallrender.com; or
- Your regular Hall Render attorney.
To access Hall Render’s COVID-19 resource page and hotline, click here.
