CMS Terminates Several Skilled Nursing Facility Regulatory Blanket Waivers
Posted on April 27, 2021 in COVID-19 Daily Updates, Long-Term Care, Home Health & Hospice
Published by: Hall Render
Updated, October 19, 2020
The World Health Organization has categorized COVID-19 as a pandemic. As COVID-19 continues to affect our daily lives, it is also significantly impacting the health care sector and how care is delivered. We understand your focus because it’s our focus, too.
From managing personal protective equipment supplies, to evaluating health care workforce and technology considerations, to mobilizing vacant facilities and treating those affected, Hall Render is prepared to provide counsel and strategies to hospitals and health care entities to help them navigate the operational, legal and regulatory implications associated with COVID-19.
This page contains information from Hall Render attorneys, consultants and outside resources that may be helpful to your organization and it will be updated regularly. If you have any questions about COVID-19, please call 317-429-3900.
Hall Render Resources
Keeping Up with the Coronavirus: the Status of COVID-19 Commercial Eviction Moratoria
Posted on January 22, 2021 in COVID-19 Daily Updates, Health Law News
Published by: Hall Render
Provider Relief Fund Next Steps – Reporting and Audits
Posted on January 14, 2021 in COVID-19 Daily Updates, Health Law News
Published by: Hall Render
UPDATE: Congress Delivers Legislative Relief to Provider Relief Fund Recipients
Posted on December 22, 2020 in COVID-19 Daily Updates, Health Law News
Published by: Hall Render
Congress Prepared to Pass COVID-19 Relief Package
Posted on December 21, 2020 in COVID-19 Daily Updates, Federal Advocacy
Published by: Hall Render
Medicare Payment for COVID-19 Vaccines and Antibody Therapy
Posted on December 21, 2020 in COVID-19 Daily Updates, Health Law News
Published by: Hall Render
Other Hall Render Articles & Resources
Post Acute & Long-Term Care
- Post-Acute Emergency Preparedness: Do You Qualify for a Testing and Training Exemption? (October 6, 2020)
- HHS Updates Details on Nursing Home Infection Control Distribution Qualification and Uses – Four Keys (September 24, 2020)
- Seven Keys to the HHS $2 Billion Provider Relief Fund Nursing Home Performance-Based Incentive Distribution (September 4, 2020)
- COVID-19 CARES Funding Relief to Assisted Living Facilities – Five Keys and Five Actions to Take Now (September 3, 2020)
- Nursing Homes: CMS Interim Final Regs – Increased Fines and Requirement to Test Nursing Home Residents and Staff for COVID-19 (August 26, 2020)
- Skilled Nursing COVID-19 Antigen Testing: CLIA Certificates of Waiver and New Policies Needed (July 17, 2020)
Reimbursement & Payment Programs
- CMS Reducing Payment for COVID-19 Lab Testing (October 16, 2020)
- CMS Updates: COVID-19 Data Reporting and Enforcement Process for Hospitals that Fail to Report (October 14, 2020)
- Provider Relief Fund Phase 3: 43 New FAQs & Instructions Posted (October 7, 2020)
- Additional $20 Billion Allocation – Apply Starting October 5; Payback Delay for Medicare Accelerated Payments (October 1, 2020)
- HHS Publishes Provider Relief Fund Detailed Reporting Guidelines: Where Did Lost Revenue Go? (September 22, 2020)
- FFY 2021 Inpatient PPS Final Rule Released by CMS (September 4, 2020)
Telemedicine
- Telehealth Boom Continues: CMS Adds New Covered Services (October 16, 2020)
- Telehealth Expansion: Proposed 2021 Physician Fee Schedule Updates and Planning for the New Normal (August 4, 2020)
- Provision of Telehealth Equipment: Updated COVID-19 Guidance (May 13, 2020)
- CMS Expands Upon Prior Telehealth Waivers as Part of COVID-19 Response (May 1, 2020)
- CMS Telehealth Expansion for RHCs and FQHCs (April 20, 2020)
- FCC Announces Details of $200 Million COVID-19 Telehealth Program (April 3, 2020)
Real Estate/M&A
- Graduate Medical Education in Health Care M&A: Four Things You Need to Know (July 9, 2020)
- As COVID-19 Cases Continue to Increase, Commercial Eviction Restrictions Are Decreasing (July 9, 2020)
- Rent Abatement & Physician Arrangement Compliance During & After COVID-19 (May 20, 2020)
- When Rent Abatement Is Not an Option: What to Know About State Commercial Eviction Directives (April 21, 2020)
- IRS Extends Deadlines for 1031 Exchanges and Opportunity Zone Investments (April 21, 2020)
- What Can the United States Learn from Australia’s Code of Conduct for Parties to Commercial Leasing Arrangements Impacted by COVID-19? (April 15, 2020)
Information Technology
- Information Blocking and Interoperability Regulations: A Few Key Points (May 29, 2020)
- CARES Act Modifies Confidentiality Protections for Substance Use Disorder Records (April 13, 2020)
- HIPAA Compliance During the COVID-19 Pandemic (April 13, 2020)
- Zooming into Risk During COVID-19 (April 8, 2020)
- FCC Undertakes Measures to Assist Health Care Providers In Light of COVID-19 Crisis (April 2, 2020)
- FCC Issues Guidance on the Scope of the TCPA’s “Emergency Purposes” Exception (March 31, 2020)
Tax
- IRS Extends Community Health Needs Assessment Deadline Due to COVID-19 (July 17, 2020)
- IRS Confirms Filing Extensions for Tax-Exempt Organizations (April 23, 2020)
- Charitable Giving Incentives Under the CARES Act (April 17, 2020)
- Treasury and IRS Issue Additional Guidance on Employer Tax Credits (April 3, 2020)
- Tax and Monetary Relief in Response to COVID-19 (March 27, 2020)
- UPDATE: April 15th Federal Filing Deadline Extended to July 15, 2020 (March 20, 2020)
Human Resources/Labor & Employment Issues
- Opioid Crisis: Employers to Accommodate Opioid Use (October 13, 2020)
- New Work from Home Norms Raise Questions about Remote Work as a Reasonable Accommodation under the ADA (October 7, 2020)
- Revised DOL Rule Means More Health Care Workers Eligible for Paid Leave Under FFCRA (September 14, 2020)
- Paid Leave for School Alternatives During COVID-19 (September 8, 2020)
- New York District Court Vacates Portions of DOL’s Families First Coronavirus Response Act Rule (August 5, 2020)
- OFCCP Confirms Its Lack of Authority Over TRICARE Providers (July 6, 2020)
Pharmacy/PPE
- Pharmacists’ Expanded Authority to Administer Childhood Vaccines: What to Know (October 6, 2020)
- Eligible Outpatient Facilities of 340B Hospitals Can Now Bypass Registration Delays (June 5, 2020)
- Hospitals Fear Pandemic May Threaten Their Eligibility to Participate in the 340B Drug Program (May 29, 2020)
- PREP Act Immunity for Pharmacists Ordering COVID-19 Tests: New HHS OGC Advisory Opinion Addresses Conflicting State Laws (May 21, 2020)
- Attention 340B Hospitals: CMS Cost Data Survey Due May 15 Raises Important Compliance Questions (May 1, 2020)
- FDA Issues Sterile Compounding Pharmacy PPE Guidance (April 17, 2020)
Antitrust
- DOJ, FTC Issue Vertical Merger Guidelines (July 10, 2020)
- DOJ Announces $100 Million Criminal Antitrust Penalty for Florida Oncology Provider (May 13, 2020)
- FTC, DOJ Issue Joint Antitrust Statement Regarding COVID-19 (March 26, 2020)
- FTC, DOJ Announce COVID-19 Antitrust Guidance for Merger & Acquisition Review (March 20, 2020)
Government Investigations & FCA
Read MoreLitigation
- Fourth Circuit Dismisses FCA Complaint for Failure to Plead “Rigorous” Scienter Element of FCA Claim and Causal Nexus of Retaliation Claim; Whether Retaliation Can Include ‘Blacklisting’ Not Addressed (June 29, 2020)
- Business Interruption Insurance – Racing to the State House and the Courthouse (May 1, 2020)
Finance
Read MoreImmigration
- President Trump Issues Nonimmigrant Visa Executive Order Amidst COVID-19 Pandemic (June 24, 2020)
- President Trump Issues Immigration Executive Order Amidst COVID-19 Pandemic (April 23, 2020)
Daily Briefings
- Today in Washington – June 18, 2020: COVID-19 Updates ()
- Today in Washington – June 9, 2020: COVID-19 Updates ()
- Today in Washington – June 4, 2020: COVID-19 Updates ()
- Today in Washington – June 2, 2020: COVID-19 Updates ()
- Today in Washington – May 28, 2020: COVID-19 Updates ()
- Today in Washington – May 26, 2020: COVID-19 Updates ()
FDA & Life Sciences
- FDA Details Authorized Treatment Pathways and Collection Requirements for Administration of COVID-19 Convalescent Plasma (April 21, 2020)
- Seeking Solutions for Scarce Resources: Options to Boost Medical Supplies and Devices to Battle COVID-19 (March 26, 2020)
- FDA Issues Guidance on COVID-19 Disruptions to Clinical Trials (March 19, 2020)
- Novel Coronavirus 2019-nCoV and FDA’s Emergency Use Authorization Authority (February 26, 2020)
Fraud & Abuse
- EKRA Enforcement Developments and Moving Forward (May 18, 2020)
- CMS Explains Stark Waivers – Consider Any Needed Action Now (April 24, 2020)
- CMS Issues New Blanket Stark Waivers for COVID-19 Purposes (March 31, 2020)
- COVID-19 and Fraud: DOJ Pursues Enforcement Action and OIG Issues Fraud Alert (March 24, 2020)
- The COVID-19 Effect on Physician/APP Arrangements and Compensation Plans (March 24, 2020)
M&A
- The Organized Medical Staff in Health Care M&A: Three Key Considerations for Avoiding Unnecessary Surprises and Delays (June 4, 2020)
- COVID-19 Relief Funds in Health Care M&A – Whose Money Is It Anyway? (May 26, 2020)
- A Pandemic Lens on Due Diligence in Health Care M&A (May 26, 2020)
Physician Alignment
Read MoreAccreditation
Read MoreState-Specific Information
- State Healthcare Guidance Updates – Updated (July 13, 2020)
- Indiana Hospital Association COVID-19 Waiver Tracker ()
- Illinois DES Shares New COVID-19 Unemployment FAQs (March 27, 2020)
- Wisconsin DWD Issues New COVID-19 Unemployment Information (March 27, 2020)
- Indiana DWD Shares New COVID-19 Unemployment and Layoff Information (March 25, 2020)
- Indiana Medicaid Temporarily Expands Telehealth Coverage in Response to COVID-19 (March 20, 2020)
OIG Guidance
- OIG Strategic Plan and Next Steps for Organizations to Prepare (June 3, 2020)
- OIG Strategic Plan Announces Priorities for COVID-19 Enforcement (May 28, 2020)
- OIG Announces AKS Enforcement Discretion for Arrangements Covered by Blanket Stark Waivers (April 6, 2020)
- OIG Reports on Hospitals’ Experiences in Managing COVID-19 Crisis (April 6, 2020)
- OIG Issues COVID-19 Message Minimizing Burdens on Providers (March 31, 2020)
- OIG Solicits Questions Regarding COVID-19 Arrangements (March 27, 2020)
CMS Waivers
- NEW – Waivers & flexibilities for health care providers (April 2, 2020)
- Medicare Approved Waivers (As of 3/28, Not All States)
- CMS Fact Sheet Additional Background:Sweeping Regulatory Changes to Help U.S. Healthcare System Address COVID-19 Patient Surge (March 30, 2020)
- Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency
- CMS Approves Medicaid Section 1135 Waivers for 11 Additional States in Response to COVID-19 (March 24, 2020)
- CMS Approves Washington State’s Request for 1135 Medicaid Waivers (March 19, 2020)
- Medicare Fee-for-Service (FFS) Response to the Public Health Emergency on the Coronavirus (COVID-19) (March 18, 2020)
- CMS Approves First State Request for 1135 Medicaid Waiver in Florida (March 17, 2020)
- Submission and Implementation of 1135 Waiver for Oregon (March 15, 2020)
- Waiver or Modification of Requirements Under Section 1135 of the Social Security Act (March 13, 2020)
- COVID-19 Emergency Declaration Health Care Providers Fact Sheet (March 13, 2020)
- COVID-19 & HIPAA Bulletin Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency (March 2020)
- Additional Emergency and Disaster-Related Policies and Procedures That May Be Implemented Only With a § 1135 Waiver (March 15, 2019
- Emergency-Related Policies and Procedures That May Be Implemented Without § 1135 Waivers (March 15, 2019)
Additional Resources
The President’s Coronavirus Guidelines for America
The President’s Coronavirus Guidelines for America
- Executive Order delegating additional authority under the DPA with respect to Health and Medical Resources to respond to the COVID-19 pandemic. (March 27, 2020)
- Executive Order on preventing hoarding and price-gouging of health and medical resources (March 24, 2020)
- Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19 (March 18, 2020)
Centers for Medicare & Medicaid Services (CMS)
Centers for Medicare & Medicaid Services (CMS)
- Emergency Medical Treatment and Labor Act (EMTALA) Requirements and Implications Related to Coronavirus Disease 2010 (March 30, 2020)
- CMS announced a relaxed enforcement policy for the Clinical Laboratory Improvement Amendments (CLIA) requirements during the COVID-19 public health emergency
- CMS Issues Prioritization of Survey Activities Memorandum (March 24, 2020)
- CMS Releases COVID-19 Checklists and Tools for State Medicaid and CHIP Programs (March 22, 2020)
- Telemedicine Toolkit Specific to ESRD Providers (March 22, 2020)
- General Telemedicine Toolkit (March 22, 2020)
- Fact Sheet for Medicare Coverage and Payment Related to COVID-19 (March 20, 2020)
- Update: Frequently Asked Questions to Assist Medicare Providers (March 20, 2020)
- Frequently Asked Questions on Catastrophic Plan Coverage and COVID-19 (March 19, 2020)
- Transcripts and audio for the COVID-19 Stakeholder calls (March 18, 2020)
- COVID-19 Frequently Asked Questions (FAQs) for State Medicaid and Children’s Health Insurance Program (CHIP) Agencies (March 18, 2020)
- CMS Releases Recommendations on Adult Elective Surgeries, Non-Essential Medical, Surgical, and Dental Procedures During COVID-19 Response (March 18, 2020)
- COVID-19 Response News Alert: CMS Issues Frequently Asked Questions on Catastrophic Health Coverage and the Coronavirus (March 18, 2020)
- CMS Sends Guidance to Programs of All-Inclusive Care for the Elderly (PACE) Organizations (March 17, 2020)
- Medicare Telemedicine Health Care Provider Fact Sheet (March 17, 2020)
- Medicare Telehealth Frequently Asked Questions (FAQs) (March 17, 2020)
- MEDICARE TELEMEDICINE HEALTH CARE PROVIDER FACT SHEET: Medicare coverage and payment of virtual services (March 17, 2020)
- Infection Control for Nursing Homes (March 13, 2020)
- Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in nursing homes (REVISED) (March 13, 2020)
- Frequently Asked Questions for State Survey Agency and Accrediting Organization Coronavirus Disease 2019 (COVID-19) Survey Suspension (March 13, 2020)
- FAQs on Essential Benefits Coverage and Coronavirus (March 12, 2020)
- MAC COVID-19 Test Pricing (March 12, 2020)
- Medicare Advantage, Part D Sponsor, and Medicare-Medicaid Plans COVID-19 Information (March 10, 2020)
- Press Release: CMS Suspending Non-Emergency Surveys (March 10, 2020)
- Infection Control for Home Health Agencies (March 10, 2020)
- Guidance for Use of Respirators by Healthcare Providers (March 10, 2020)
- Infection Control in Dialysis Facilities (March 10, 2020)
- Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in dialysis facilities (March 10, 2020)
- Guidance for use of Certain Industrial Respirators by Health Care Personnel (March 10, 2020)
- Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) HHA guidance (March 10, 2020)
- Memo to Medicare Advantage Organizations and Part D Sponsors to inform them of the obligations and permissible flexibilities related to disasters and emergencies resulting from COVID-19 (March 10, 2020)
- Infection Control for Hospice (March 9, 2020)
- Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) by Hospice Agencies (March 9, 2020)
- COVID-19 Laboratory Testing Medicare Provider FAQs (March 6, 2020)
- Medicare: Coverage and Payment Related to COVID-19 (March 5, 2020)
- Medicaid and CHIP Coverage and Benefits Related to COVID-19 (March 5, 2020)
- Individual and Small Group Market Insurance Coverage COVID-19 (March 5, 2020)
- Fact Sheets (March 5, 2020)
- Coverage and Payment Related to COVID-19 Medicare (March 5, 2020)
- Infection Control in Triage, Screening, and Discharge of Patients and Visitor Management (March 4, 2020)
- Information for Healthcare Facilities Regarding 2019 Coronavirus (February 6, 2020)
Centers for Disease Control and Prevention (CDC)
Centers for Disease Control and Prevention (CDC)
- Updated guidance on those who are higher risk for COVID-19 infections (March 24, 2020)
- Updated guidance on discharging patients for health care personnel managing COVID-19 patients (March 24, 2020)
- Strategies for how to optimize PPE supply (March 19, 2020)
- Information for Travel (March 16, 2020)
- Interim Guidance for Mass Gatherings or Large Community Events (March 15, 2020)
- PPE Supply for Healthcare Personnel (March 14, 2020)
- Strategies to Prevent the Spread of COVID-19 in Long-Term Care Facilities (March 13, 2020)
- Guidance for Emergency Medical Services and other First Responders (March 10, 2020)
- Resources for State, Local, Tribal and Territorial Public Health Agencies (March 9, 2020)
- Communication Print Resources (March 9, 2020)
- Resources for Institutes of Higher Education (March 8, 2020)
- Interim U.S. Guidance for Risk Assessment and Public Health Management of Healthcare Personnel with Potential Exposure in a Healthcare Setting to Patients with Coronavirus Disease (March 7, 2020)
- Steps Health Care Entities Can Take to Prepare for COVID-19 (March 6, 2020)
- Interim Guidance for Community and Faith-Based Organizations (March 3, 2020)
- Interim Guidance for Higher Education Administrators (March 2, 2020)
- Interim Guidance for Health Care Facilities (February 29, 2020)
- Strategies to Optimize Supplies of N95 Respirators (February 29, 2020)
- Interim Guidance Healthcare Facilities: Preparing for Community Transmission of COVID-19 in the United States (February 29, 2020)
- Interim Guidance for Business and Employers (February 26, 2020)
- ICDM-10 Interim Coding Guidelines (February 20, 2020)
- Infection Control in Healthcare Personnel (October 28, 2019)
- Framework for Expanding EMS Capacity During Surge (October 15, 2018)
U.S. Department of Health and Human Services (HHS)
U.S. Department of Health and Human Services (HHS)
- OIG Released Frequently Asked Questions on Waiving Telehealth Cost-Sharing During COVID-19 Outbreak (March 24, 2020)
- HHS Office for Civil Rights (“OCR”) issued guidance on how covered entities may disclose protected health information (“PHI”) about an individual who has been infected with or exposed to COVID-19 to law enforcement, paramedics, other first responders and public health authorities in compliance with HIPAA. (March 24, 2020)
- COVID-19 Fraud Alert (March 23, 2020)
- HHS’s Office for Civil Rights (“OCR”) issued FAQs to clarify how OCR is applying the “Notification of Enforcement Discretion” on telehealth remote communications (March 21, 2020)
- HHS Announces New Public-Private Partnership to Develop U.S.-Based, High-Speed Emergency Drug Packaging Solutions (March 18, 2020)
- HHS Takes New Action to Cut Red Tape to Support COVID-19 Response (March 18, 2020)
- HHS OIG Policy Statement on Practitioners That Reduce, Waive Amounts Owed by Beneficiaries for Telehealth Services During the COVID-19 Outbreak (March 17, 2020)
- OIG Policy Statement Regarding Physicians and Other Practitioners That Reduce or Waive Amounts Owed by Federal Health Care Program Beneficiaries for Telehealth Services During the 2019 Novel Coronavirus (COVID-19) Outbreak (March 17, 2020)
- Office for Civil Rights (OCR), U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus (February 2020)
- Determination that a Public Health Emergency Exists (January 31, 2020)
- Press Release: Secretary Azar Declares Public Health Emergency (January 31, 2020)
U.S. Food and Drug Administration
U.S. Food and Drug Administration
- Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (May 12, 2020)
- The latest actions to increase the supply of ventilators, ventilator tubing connectors, and ventilator accessories during the COVID-19 pandemic
- Frequently Asked Questions on Investigational COVID-19 Convalescent Plasma – Emergency INDs
- Frequently Asked Questions on 3D Printing of medical devices, accessories, components, and parts during the COVID-19 pandemic
- Q&A for consumers on hand sanitizer use for COVID-19
- FDA issued an alert on Investigational COVID-19 convalescent plasma for health care providers. (March 24, 2020)
- FDA issued a consumer update regarding fraudulent coronavirus tests, vaccines, and treatments. (March 24, 2020)
- Enforcement Policy for Face Masks and Respirators During the Coronavirus Disease (COVID-19) Public Health Emergency (March 25, 2020)
- The FDA issued instructions to manufacturers to engage with importers and others involved in the import trade community during this pandemic to facilitate the entry of needed products, including PPE, into the U.S. (March 24, 2020)
- FDA also issued guidance to expand the availability of ventilators as well as other respiratory devices. The press release can be found here.
- FDA issued guidance for Industry and Health Care Professionals to communicate its temporary policy for certain risk evaluation and mitigation strategies (“REMS”) requirements for the duration of the COVID-19 public health crisis. (March 22, 2020)
- FDA issued the first emergency use authorization for a point-of-care COVID-19 diagnostic for the “Cepheid Xpert Xpress SARS-CoV-2 test.” The test’s manufacturer claims this can deliver results in 45 minutes instead of hours. (March 21, 2020)
- The FDA issued a letter to health care providers on Medical Glove Conservation strategies. (March 20, 2020)
- The FDA also released Frequently Asked Questions on shortages of Medical Gloves. (March 20, 2020)
- The FDA issued a new policy that allows expanded use of devices to monitor patients’ vital signs remotely. (March 20, 2020)
- The FDA issued a statement alerting consumers about unauthorized fraudulent COVID-19 test kits. (March 20, 2020)
- FDA advises patients on use of non-steroidal anti-inflammatory drugs (NSAIDs) for COVID-19 (March 19, 2020)
- Coronavirus (COVID-19) Update: Blood Donations (March 19, 2020)
- Coronavirus (COVID-19) Update: FDA Continues to Facilitate Development of Treatments (March 19, 2020)
The Joint Commission (TJC)
- Frequently Asked Questions regarding Personal Protective Equipment – FAQ on Mask Considerations and FAQ on Conserving Facemasks and Respirators During a Critical Shortage
- The Joint Commission also issued an FAQ on Emergency Management – Duration for Continuing Disaster Privileges
- Notice of Suspension of The Joint Commission Surveys (March 16, 2020)
Other Helpful Resources
2020 Healthcare Events Impacted by COVID-19
EMS Infectious Disease Playbook
Medicaid and CHIP Coronavirus Resources
COVID-19 Healthcare Planning Checklist
AICPA State Tax Filing Relief Chart for Coronavirus (Updated March 18, 2020)
Johns Hopkins Coronavirus Resource Center
Bloomberg Law: Staying Compliant and Minimizing Impact Amid Coronavirus Concerns
Kaiser Family Foundation Latest COVID-19 State Policy Action Tool (March 23, 2020)
State-Level Actions
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming